Salt Lake Criminal Defense Lawyer - Expungement Eligibility
An expungement can help you clear your criminal record by having the
records of arrests,
charges, or convictions sealed. As an experienced
criminal
defense lawyer in Salt Lake City,
Utah, Stephen Howard has helped clients successfully have their
criminal records
expunged in a wide variety of cases.
Time Requirements for Expungement in Utah
Expungement eligibility is based in part on the length of time that has
passed since an arrest, conviction, jail time, or
probation completion.
For most
felony convictions, a seven year waiting period is required
from the end of probation or completion of any jail or prison term. For
class A misdemeanors, the waiting period is five years. A four-year
wait is required for class B
misdemeanors. And a person must wait three
years to begin the expungement process for class C misdemeanors or
infractions. A dismissed case is eligible for expungement after just 30
days.
DUI charges provide an exception to the general time requirements for
expungement. A class B
DUI requires a ten-year waiting period for
expungement eligibility (corresponding to the ten-year period for DUI enhancements).
Criminal History Requirements for Expungement Eligibility
In addition to the time requirements, the legislature has imposed
limits on how many convictions a person may have on a criminal history
before losing expungement eligibility. Convictions for two felonies,
three class A misdemeanors, four class B misdemeanors, and five class C
misdemeanors can all result in a denial of a certificate of
eligibility. (Infraction convictions do not count against expungement
eligibility.)
In counting convictions, the courts and BCI count only once all
convictions resulting from a single criminal episode. For example, if a
person convicted of cashing a forged check and receiving the proceeds
of the check could face two felony convictions - forgery and theft by
deception. However, since the two charges arose from a single criminal
episode, they will only be counted as one felony. For practical
purposes, convictions arising from a single court case will generally
be treated as having been part of a single criminal episode.
Restoring Eligibility for Expungement in Utah
A person with too many convictions can lose eligibility for
expungement. But in some cases, a
402 reduction can be used to reduce
the level of the convictions. Depending on the number and level of
convictions involved, 402 reductions can sometimes restore eligibility
for expungement.
Contact a Salt Lake Criminal Lawyer for Expungements
Based in Salt Lake City,
criminal defense attorney has assisted clients
in obtaining expungements in a variety of felony and misdemeanor cases.
For help getting your record expunged,
contact
us now to arrange for an initial consultation.