Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Attorneys / Former Prosecutors
Call 801-449-1409. We fight to protect your rights.
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.
  • Drug Crimes Defense Attorney Utah Dismissed - Client facing first-degree felony drug distribution charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work resulted in negotiated offer of misdemeanor plea-in-abeyance and ultimate dismissal of case.
  • 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 Defense Attorney 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.
Best Criminal Defense Strategy

The best outcome is more likely when the right strategy is employed. Developing the best strategy can require real courtroom experience, a thorough understanding of procedural and substantive legal issues, and a determination to ensure that important constitutional and other legal rights are protected. Choosing the right attorney....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

With decades of combined experience, our criminal defense team attorneys have the knowledge, skill, and determination to help you achieve the results you need. Facing criminal prosecution in Utah can have serious consequences. Choosing the best attorney to defend your case may be one of the most important decisions you will ever make....

Experience »
Conviction Consequences - Utah Criminal Defense

In Utah, even a "minor" misdemeanor conviction carries the potential for jail time and significant fines. A felony conviction carries the potential of lengthy prison terms and the various consequences that come with being labeled as a convicted felon. Never plead guilty without first finding out....

Consequences »
Utah Criminal Defense Attorney - Hope

Facing criminal prosecution in Utah can feel like your world is collapsing. But there are reasons to remain hopeful, and there are things you can do right now that can help increase the odds of a successful outcome. An experienced criminal defense attorney can help you evaluate the various options you have, and can help you....

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.