Canyons Law Group

Utah Attorneys

  • Home
  • Attorneys
    • Adam Elmore
    • Andrew McAdams
    • Brad Henderson
    • Amy Williamson
    • David Blum
    • Stephen Howard
  • Family Law
  • Criminal Defense
  • Estate Planning
  • Adoption
  • Contact Us

A Local Utah Law Firm
Serving Clients Statewide

How can I clear a felony conviction from my record in Utah?

December 16, 2022 by stephenh

The process depends on the nature and severity of your felony. There are certain felonies that are not eligible to be expunged. These include first degree felonies, felony DUIs, violent and capital felonies, registerable sex or child abuse offenses, or felony automobile homicide. Although convictions for these charges are not eligible for expungement through the regular court expungement process, there may be other avenues for clearing your record.

Utah criminal law includes an unusual provision that allows a court to reduce the level of a conviction, after the case has closed and after probation or parole have been successfully completed. The court can reduce your conviction by one or two steps.

For example, a first degree felony is not normally eligible to be expunged, but by going through the “402 reduction” process, you can have it reduced to a second degree felony. If it is a nonviolent and meets the other requirements, it would then be eligible for expungement. Different types of convictions may require different procedures.

If your original felony conviction has been reduced to a conviction that is eligible for expungement, the procedural steps are essentially the same as what is required to expunge any other records.

Filed Under: Defense FAQ

Related

  • What are the benefits of a 402 reduction?
    What are the benefits of a 402 reduction?
    Reduce a Felony to a Misdemeanor: A felony conviction can make life difficult. It makes finding a job or a place to live harder and impacts many other areas of your life. But if you have completed probation or parole successfully, under Utah Code section 76-3-402, you may be able to reduce felony convictions to misdemeanors. Restoring Expungement Eligibility: Utah's Bureau of Criminal Identification (BCI), when determining expungement eligibility in Utah, considers the age of your convictions, the number of convictions, and the level or degree of those convictions. Reducing the level of your convictions could be a way to…
  • What is the process for getting a 402 reduction in Utah?
    What is the process for getting a 402 reduction in Utah?
    A 402 reduction is not an automatic process. Even with a reduction agreed to as part of a plea agreement, a motion to reduce must still be filed with the court after completing probation or parole. You must also convince the judge that the reduction is "in the interest of justice." Utah Code 76-3-402 allows for a reduction in the level of conviction. It can be granted at sentencing or following the completion of probation or parole. Still, reductions at the time of sentencing are rare. Most people pursue the reduction after they have completed probation or parole. The following…
  • Can a judge order a no-bail warrant without a motion from the prosecutor?
    Can a judge order a no-bail warrant without a motion from the prosecutor?
    A magistrate can order a no-bail hold under the provisions of Utah Code 77-20-205, even before a case is formally filed in court. At the time that a magistrate issues an initial arrest warrant or makes a probable cause determination on a warrantless arrest, the magistrate may also order pretrial detention without bail if the magistrate determines that it is appropriate. After the criminal case is filed with the court, Utah Code 77-20-206 allows the prosecutor to make a motion for detention without bail only if the charges include at least one offense that is "eligible" for detention without bail.…
  • Will a plea in abeyance show up on my record?
    Will a plea in abeyance show up on my record?
    While a plea in abeyance generally results in your charges being dismissed, that doesn't mean that they automatically disappear from government records. Employers generally request one of two different types of pre-employment criminal background checks. More often than not they may request a background check that only lists your convictions. If a plea is held in abeyance, the court dismisses the charges and does not convict you, so it would not be listed on this background check. However, your case history is still on public record. Sometimes an employer may request a more in-depth criminal background check, which would include…

Call Canyons Law Group

Have a question?

    Contact an Attorney





    CONTACT US

    Have a question?

    Canyons Law Group, LLC

    Offices in Salt Lake and Davis Counties
    Serving Clients Statewide

    952 South Main St., Suite A
    Layton, UT 84041

    560 South 300 East, Suite 200
    Salt Lake City, UT 84111

    801-448-7451


    David Blum or Amy Williamson
    801-238-6500
    Make Payment Online

    © 2023 · Canyons Law Group