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

If
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.