Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Lawyers / Former Prosecutors
Call 801-449-1409 now to see what the right attorney can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

Utah Expungement Issues and Questions

The following question was raised by someone who had found information about expungement eligibility on a local municipality's court information website. The information online was inaccurate and out-dated. Online information can be helpful, but is also often incorrect, misleading, and confusing. Laws change with relative frequency, and consultation with an experienced attorney is vital to ensuring that you have the legal advice and assistance you need. Contact us today to see how we can help you with the Utah expungement process.

Posted November 22, 2017

I was looking at the court's website, and the information there says I am not eligible for expungement because I have more than two class B misdemeanor convictions. Is this correct?

In most circumstances, having two class B misdemeanor convictions will not disqualify you from expungement eligibility. The municipality's website for court information appears to be based on an out-dated statute, an incorrect analysis, and/or a basic misunderstanding of how eligibility is determined. The website in question stated that you may be eligible for expungement of a conviction "if . . . [y]ou have no more than one felony or two class A or B misdemeanor convictions." This is simply wrong, and presents a good example of why having seeking legal counsel and obtaining competent representation from a qualified lawyer is critical.

Determining eligibility for expungement is a more complicated process, and depends on several factors, including: the number of convictions involved, the level of the offense (misdemeanor, felony, etc.), the nature of the convictions (violent felony, DUI, registrable offenses, drug charges, administrative violations, traffic offenses, infraction, etc.), the length of time since the conviction for which expungement is sought, and the length of time that a person has gone with no further criminal convictions. The language from the court website was also misleading, in that eligibility is not based on the number of "convictions" but instead on the number of criminal episodes involving a conviction. For example, two class B misdemeanor convictions for possession of marijuana and possession of drug paraphernalia will count as only one "conviction" if the offenses were committed as part of a single criminal episode (usually determined by whether they were filed in a single court case).

In recent years, the Utah Legislature has modified the expungement eligibility statutes to provide better expungement opportunities for individuals who have turned their lives around. In addition to treating drug possession crimes under a separate eligibility category, the Legislature has also designated a variety of administrative misdemeanor offenses as no longer counting against eligibility requirements. Also, the legislature has expanded the number of convictions that can be expunged if the petitioner has remained crime-free for ten years or more.

The benefits of obtaining an expungement can be great. Rather than relying on information found online, you will be better off seeking the advice and assistance of an attorney experienced in handling expungements, 402 reductions, and pardons.

Finding an Expungement Attorney in Utah

Salt Lake Criminal Defense AttorneyA criminal conviction can have serious consequences that affect your life long after the court case is closed. Having your record expunged can clear your record and bring you closer to finally putting the past behind you. We can often tell you right over the phone if you are eligible for expungement. Contact us today to see how the right attorney can help you.


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense AttorneyDismissed - Contractor was charged with theft by deception for allegedly misusing customer funds and failing to complete work that had been agreed upon. A successful motion to quash on legal grounds following the bindover order at preliminary hearing resulted in a complete dismissal of all charges.
  • Minor Possession Alcohol - MIP AttorneyDismissed - Minor in possession charge (MIP) was dismissed by prosecutor when defense analysis demonstrated that the police had failed to obtain necessary evidence against client. Police had raided a large party involving underage drinking. Several individuals were charged, but police did not obtain evidence showing that client had personally consumed or possessed alcohol. Case was dismissed.
  • Utah Expungement Attorney Expungement - Worked to restore client's expungement eligibility through 402 reduction process, then filed successful expungement petitions in multiple courts obtaining expungement orders and clearing client's official criminal history.
  • Violent Crimes Assalt Defense UtahDismissed at Preliminary Hearing - Client charged with aggravated robbery and facing life in prison. Full case analysis and consultation with client allowed the development of a strong defense strategy. Effective cross-examination of the alleged victim at the preliminary hearing resulted in an outright dismissal of all charges by the judge.
Best Utah Criminal Defense Strategy

The right criminal defense lawyer can work with you to develop a defense strategy designed to achieve the best results. Hiring a Utah criminal attorney with real courtroom experience and an in-depth understanding of the legal issues involved in defending against a criminal prosecution can help ensure the best...

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Our criminal defense lawyers have represented clients facing some of the most serious felony charges on the books in Utah. Whether you are facing prosecution for felony or misdemeanor charges, you can be assured that our attorneys have the experience, knowledge, and determination necessary to help you achieve the results you need. Choosing the best defense attorney for your case will be one of the most important decisions you make....

Experience »
Conviction Consequences - Utah Criminal Defense

Even a "minor" misdemeanor carries the potential for jail time and significant fines. The direct penalties and collateral consequences of a felony conviction are even more severe. Understanding these consequences is critical as you make decisions relating to your case. Even in a misdemeanor case, you should not....

Consequences »
Utah Criminal Defense Attorney - Hope

Facing criminal prosecution in Utah can feel like your world is collapsing. But there are reasons to remain hopeful, and there are things you can do right now that can help increase the odds of a successful outcome. An experienced criminal defense attorney can help you evaluate the various options you have, and can help you....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.