Utah Criminal Attorney Salt Lake
Can a charge of voyeurism be expunged in Utah?
Under current Utah law (as of October, 2014), eligibility for expungement is limited for convictions under Utah Code 76-9-2-702.7 (voyeurism). Whether a person is eligible or not will depend on the level of the offense and its status as a "registerable" offense under Utah law.Utah's expungement eligibility laws deny eligibility for any registerable sex offense, as defined under Utah Code 77-41-102(16). This section includes both felony and class A misdemeanor convictions for voyeurism. Class B and lower level convictions for voyeurism may still be eligible for expungment.
If I have been denied a certificate of eligibility for expungement for voyeurism, is there anything I can do?
If a person has been denied a certificate of eligibility for
expungement for a voyeurism conviction, it may be possible to restore
expungement eligibility. Under Utah Code 76-3-402, the level of a
conviction may be reduced following the successful completion of
probation (commonly referred to as a "402
reduction").If the voyeurism conviction is for a class A misdemeanor, a one-step reduction may be sufficient to restore eligibility. If the conviction is a third degree felony, then a two-step reduction would be required before eligibility may be restored.
In order to obtain a one-step reduction, the judge must be convinced that it is in the interest of justice to grant the reduction. But for a two-step reduction, the prosecutor's consent is also required.
Finding a Utah Criminal Defense Lawyer in Salt Lake
Utah criminal defense attorney Stephen Howard has extensive experience in Utah's district courts and justice courts. He has protected his clients rights in cases ranging from homicide to DUI, and virtually everything in between. He has obtained expungements and 402 reductions for clients in serious felony and misdemeanor cases.Based in Salt Lake City, Mr. Howard offers legal services to clients throughout Utah. Contact us today to arrange for an initial consultation.
RELATED UTAH EXPUNGEMENT TOPICS
Is there a way to speed up the expungement waiting period in Utah?Do I need a lawyer for an expungement in Utah?
What kind of lawyer handles expungements in Utah?
How can I tell if I am eligible for an expungement?
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Not Guilty - Client was charged with aggravated assault for alleged attack using broken bottle as a weapon. Despite the testimony of numerous prosecution witnesses, thorough defense investigation to support a self-defense claim resulted in acquittal by jury at trial.
Dismissed - 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.
Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
Not Guilty - Client was charged with second-degree felony residential burglary and facing potential prison time. Investigation by the defense revealed multiple witnesses, missed by police and prosecutors, who supported client's claim of innocence. At trial, the jury returned a "not guilty" verdict on all charges.
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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
Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
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
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