Expunging a violent felony conviction in Utah requires a preliminary step – having the felony conviction reduced to the misdemeanor level by filing a 402 motion to reduce the level of conviction.
Convictions Not Eligible
The Utah Expungement Act, section 77-40a-303, establishes that a conviction for a violent felony is not eligible for expungement through the court system. The term “violent felony” is defined in section 76-3-203.5, and includes a list of .more than 40 specific felony charges and charge categories that are not eligible for expungement.
These include crimes involving actual violence against another person, as well as charges that involve a threat targeted at another specific person or the creation of hazardous circumstances that create the risk of causing harm to another. Specific crimes referenced in the list include arson, aggravated assault, child abuse, sex-related crimes, robbery, burglary, mayhem, homicide, and certain weapons-related offenses. The list also includes extortion, witness tampering and retaliation against a witness, victim, informant, or juror.
402 Reduction Motions
While felony convictions for these crimes are not eligible for expungement through the court system, many of these charges are eligible to be reduced under Utah Code section 76-3-402. If a violent felony conviction is reduced to the misdemeanor level, then it ceases to be a felony and expungement eligibility may be restored.
Finding the Right Attorney
Not all charges listed as violent felonies can qualify for a 402 reduction. And not all reduction motions are successful. If you are working to clear your record, having an experienced attorney working on your case can make a real difference.
Contact us directly to learn how our criminal defense team can help you.