Last Updated: November 20, 2023

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

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…

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.

Originally Published: November 20, 2023

Related Articles

Should I start counseling while my criminal case is still pending?
A lot of our clients have asked if they should start counseling before their criminal case is completed. In general, the answer is usually yes. Over...
November 20, 2023
Criminal Defense in Iron County, Utah
Iron County is part of Utah’s Fifth Judicial District. Cedar City is largest city, and home to the county’s two busiest criminal courts...
November 20, 2023
What is the first felony court hearing in Utah?
The first hearing in a misdemeanor criminal case is normally the “arraignment” hearing, where the judge will read the charges formally...
November 20, 2023

Ready to explore our other articles?