Can I get an expunction of my criminal record in Utah?

Posted by Stone River Criminal Defense Team

Last Updated: January 21, 2025

Legal terminology can be tricky and many states give different meanings to the same word. “Expunction” is a term used by some other states to refer to various processes of cleaning or clearing a person’s criminal record. In Utah, expungement, pardon, and 402 reduction are the three tools commonly used to reduce or clear a […]
attorney meeting with client at desk

Legal terminology can be tricky and many states give different meanings to the same word. “Expunction” is a term used by some other states to refer to various processes of cleaning or clearing a person’s criminal record. In Utah, expungement, pardon, and 402 reduction are the three tools commonly used to reduce or clear a criminal record.

Each state has the authority to determine by law what processes or options may be available. And each state determines by law what the effect of those record-clearing processes will be. While Utah does not have an “expunction” option by that name, the term can be considered to be generally equivalent to an expungement.

Which legal tool is right will depend on factors including the number of convictions, the level of any convictions, the type of crime involved, and the length of time that has passed since completing probation, parole, or incarceration. An experienced attorney can help.

402 Reduction

The number “402” refers to the section of the Utah Code (76-3-402) that gives courts the authority to reduce the level of a conviction, even after sentence has been imposed and served. A one-step or two-step reduction can be used to modify a felony conviction to the misdemeanor level. The reduction can also sometimes be used to restore expungement eligibility.

Court-Ordered Expungement

If eligibility requirements are met, a person can submit a formal expungement petition through the original sentencing court requesting that court records, police reports, corrections records, prosecutor files, and other government records be sealed or destroyed. Once a case is expunged, a person is legally allowed to answer most questions as though the entire arrest or conviction had never happened.

Pardon by the Utah Board of Pardons and Parole

The Utah State Constitution gives pardon authority to the Board of Pardons and Parole. The legislature has authority to determine the legal effect of a pardon. Under current law, the Board has authority to issue a formal pardon, which can include an expungement order. The Board also has authority to commute (reduce) a conviction if a full pardon is not found to be appropriate.

 

Originally Published: January 21, 2025

How can we help you?

Call us at 801-448-7451, or use this contact form.

    Related Articles

    State v Smith, 2025 UT App 35 – Destroyed Evidence
    Smith was convicted by a jury at trial on a felony charge of rape. He raised several issues on appeal, including multiple claims of ineffective...
    March 20, 2025
    Utah Supreme Court Vacates Juvenile Life Sentence in State v. Mullins
    The Utah Supreme Court recently vacated the life-without-parole (JLWOP) sentence of Morris Thomas Mullins, a juvenile offender who had spent over two...
    March 20, 2025
    Dismissed With Prejudice vs. Dismissed Without Prejudice in Utah Criminal Cases
    When a criminal case in Utah is dismissed, it can be either with prejudice or without prejudice. The difference determines whether the charges can be...
    March 20, 2025

    Ready to explore our other articles?