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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.