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.