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.
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