Salt Lake Criminal Defense Attorney Utah
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Lawyers / Former Prosecutors
Call 801-449-1409 now to see what our criminal defense team 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 Attorney

Is negligent homicide eligible for expungement?

The offense of negligent homicide under Utah Code 76-5-206 covers cases where a defendant caused the death of another under circumstances that constitute criminal negligence. Any case involving death is serious. But a conviction for negligent homicide may be eligible for expungement.

An experienced criminal attorney can be vital to helping you successfully clear your Utah criminal record. Contact us today to see how we can help.

Expungement Eligibility Requirements

Utah Code 77-40-105 sets out the eligibility for expungement of a criminal conviction. As a general rule, a criminal conviction is eligible for expungement unless specifically excluded from eligibility. Section 77-40-105 refers to a number of specific offenses and classes of offenses that are not eligible for ordinary expungement. These offenses include: a capital felony; a first degree felony; a violent felony (as defined under Utah Code 76-3-203.5); felony automobile homicide; felony DUI; and registrable sex offenses (as defined under Utah Code 77-41-102(7)). Negligent homicide is not mentioned as an offense excluded from eligibility, and therefore should be eligible for expungement.

Confusion on this issue sometimes comes from the prohibition on expungement of a "violent felony" conviction. But the definition of "violent felony" is specifically spelled out in Utah Code 76-3-203.5(1)(c)(i). This section defines "violent felony" as including "criminal homicide offenses under Title 76, Chapter 5, Part 2, Criminal Homicide." Negligent homicide is a criminal homicide offense listed under that title, chapter, and part of the Utah Code. But the definition of "violent felony" also specifically limits itself to violations of the referenced offenses that are "punishable as a felony."

Because negligent homicide under Utah Code 76-5-206 is a class A misdemeanor, it therefore falls outside of the "violent felony" definition of Utah Code 76-3-203.5(1)(c)(i), and should therefore be eligible for expungement under section 77-40-105.

Additional Eligibility Requirements

In addition to addressing the nature of a criminal conviction, expungement eligibility also requires a defendant to meet other requirements. As a class A misdemeanor, negligent homicide requires a five-year waiting period following the closing of the criminal case and the completion of any incarceration or probation period before a certificate of eligibility for expungement can be issued. A person can also be denied a certificate of eligibility if the person's criminal history record contains too many convictions.

The number of convictions allowed will vary based on the level of the offense and the nature of the offense. In cases where there are too many convictions to qualify for expungement, a 402 reduction may sometimes be used to restore expungement eligibility. In other cases, a pardon may provide an alternative method of clearing a criminal record.

Finding a Utah Expungement Attorney

Utah Criminal Defense LawyerIf you are considering petitioning for expungement or otherwise trying to clear or reduce your criminal record, the assistance of an experienced criminal lawyer can be vital. Mistakes in following the required procedures or failing to present sufficient evidence to support the expungement or reduction motion can result in a denial from the court. Utah criminal lawyer Stephen Howard has assisted clients in a variety of circumstances as they have worked to get their past criminal records cleared.

Contact us today to arrange for an initial confidential consultation, and see how we 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 402 Reduction Attorney Felony Reduced - Client with prior felony conviction was granted a 402 reduction to the misdemeanor level over the objection of the prosecutor. Based on information provided to the court in support of the defense motion, the judge ruled in favor of the defense.
  • Utah Burglary Attorney Dismissal - Client was charged with first-degree felony home burglary and facing potential life in prison. Defense analysis revealed flaws in prosecutor's case which led to abeyance agreement intended to lead to a full dismissal of the case.
  • Recent Posts
  • What Constitutes Drug Parpahernalia in Utah How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Criminal Defense Strategy

You want the best defense. Agressive is good. But results ultimately are what really matter. Creating an effective strategy for defending against criminal prosecution requires a thorough understanding of statutes, case law, and evidentiary and procedural rules. A successful outcome is more likely when....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Choosing the best criminal defense attorney for your Utah criminal case may be the single most important decision you make. The courtroom can be a hostile place. Prosecutors receive extensive training on legal and tactical issues. Having an experienced criminal defense lawyer on your side is critical to defending your case and protecting your rights....

Experience »
Conviction Consequences - Utah Criminal Defense

A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....

Consequences »
Utah Criminal Defense Attorney - Reasons to Hope

Never give up hope. Being charged with a crime is not the same as being convicted. And it is usually not the end of the world. While the consequences of a criminal charge can be serious, there are often several options and strategies for handling your case. Understanding your options and how an experienced criminal lawyer can help....

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.