Can a violent felony
conviction be
expunged in Utah?
The short answer to this question is misleading. While it is true that
a violent felony is not eligible for expungement, it may be possible to
circumvent this rule through a process commonly called a "402
reduction."
To learn more or for assistance in reducing or expunging your Utah
criminal record, contact us now to arrange for an initial consultation
with Utah criminal attorney Stephen Howard. We can often tell you over
the phone
whether you may be able to restore your
expungement
eligibility.
Mr. Howard
provides legal services to clients throughout Utah and to out-of-state
clients with Utah criminal cases.
Contact
us today to learn
more about how we can help clear your record.
Utah's Rule on Felony Expungement

Utah Code 77-40-105 establishes the expungement eligibility
requirements
for criminal cases involving a conviction. Under this law, an ordinary
felony requires at least a seven-year waiting period before the felony
conviction can be eligible for expungement. But this law also prohibits
the expungement of any
violent felony conviction. The term "violent
felony" for purposes of the expungement statute is defined by Utah Code
76-3-203.5 and covers a wide variety of felony offenses including (but
not limited to) convictions for arson, aggravated assault, stalking,
child abuse, domestic violence, homicide, kidnapping, rape or other sex
offenses, burglary, robbery, witness tampering, and various weapons
offenses.
While Utah law prohibits the expungement of any
violent felony, a
distinction is made between a conviction for a violent felony and a
violent felony charge that has been dismissed or reduced. Utah Code
76-3-402
provides procedures whereby a person may be able to obtain a
court order reducing the level
of their conviction. This reduction is commonly referred to as a "402
reduction" and in many cases can turn a felony conviction into a
misdemeanor. A 402 reduction may restore a person's eligibility for
expungement.
When is You
may be able to restore your eligibility to obtain an expungement if
your violent felony conviction can be reduced by court order. Utah
expungement laws prohibit the expungement of a criminal conviction
for any
violent felony, even if a person meets all other requirements for
expungement. But if the felony conviction can be reduced to a
misdemeanor by court order, a person's expungement eligibility can be
restored. Utah
criminal
attorney
402 Reductions in Utah
To qualify for a post-conviction 402 reduction, a person must first
complete probation successfully. Upon successful completion of
probation, a person may file a formal motion with the court requesting
that the level of the offense be reduced. In order to obtain the
reduction, the defendant bears the burden of proving that the requested
reduction in the level of conviction is "in the interest of justice."
For a one-step reduction (reducing a third-degree felony to a class A
misdemeanor), only the judge must be convinced that the reduction
should be granted. But in order to obtain a two-step reduction
(reducing a second-degree felony to the misdemeanor level), both the
judge and the prosecutor must consent to the reduction.
Finding a Criminal Expungement Attorney in Utah

If
you have been convicted of a violent felony or if you believe you are
not eligible for expungement in Utah for other reasons, it is important
to talk to an experienced criminal attorney. There may be ways to
restore your expungement eligibility.
If you have a criminal record, it can affect your ability to find
employment, rent an apartment, and more. Utah
criminal
defense attorney
Stephen Howard can help determine the best strategy for restoring your
expungement eligibility and clearing your record.
Contact us today to
arrange for an initial consultation.