Under Utah’s Expungement Act, expungement means sealing your criminal record so that it generally cannot be accessed by the public or most employers, and you can legally say the conviction never occurred in many situations. To expunge a conviction, you must first obtain a Certificate of Eligibility from the Utah Bureau of Criminal Identification (BCI) and then file a petition with the court. Eligibility depends on factors such as the type of conviction, whether all sentence requirements are satisfied, and the passage of a statutory waiting period.
Violent Felony Convictions Are Not Directly Eligible for Expungement
Under Utah law (Utah Code § 77-40a-303 and related statutes), a conviction for a violent felony is expressly not eligible for expungement through the standard petition process. A violent felony conviction includes offenses such as:
- Aggravated assault
- Robbery
- Burglary
- Arson
- Kidnapping
- Homicide and related offenses
- Certain weapons offenses and other violent crimes
These offenses are defined under Utah’s violent felony statute and are listed among the convictions that disqualify a person from receiving a certificate of eligibility.
This means that, even if you complete probation and wait the usual statutory period — seven years for most felonies — BCI will not issue a certificate of eligibility for a violent felony conviction, and a petition cannot be filed in court to expunge that conviction.
Can a Violent Felony Ever Be Expunged in Utah?
While Utah law bars direct expungement of violent felony convictions, there are two potential pathways that may ultimately lead to record relief:
Reducing the Conviction First (402 Motion)
Under Utah Code § 76-3-402, a person who has completed probation or parole successfully may file a motion asking the court to reduce the level of the conviction (often called a “402 reduction”). If the court grants the motion and reduces the conviction from a felony to a misdemeanor, the case is no longer classified as a felony for expungement purposes. Once reduced and all statutory requirements are met (including waiting periods and payment of fines/restitution), the conviction may become eligible for expungement.
This strategy is common when a violent felony conviction is preventing access to expungement. However, obtaining a 402 reduction is not guaranteed and requires the court to find that the reduction is in the interest of justice.
Pardon Through the Board of Pardons
In rare situations where reduction isn’t possible or appropriate, another avenue is seeking a pardon from the Utah Board of Pardons and Parole. A pardon may provide relief from the consequences of a conviction — and, in some cases, may allow the record to be cleared even when expungement through the courts is unavailable. This is a separate process from a petition-based expungement and has its own eligibility criteria and requirements.
Why These Limits Exist
The legislature has determined that certain serious offenses — including violent felonies — should remain part of the public record because of the gravity of the conduct and public safety considerations. These statutory restrictions do not mean someone with a violent felony conviction has no options — but they do mean that the pathway to record relief is different than for nonviolent offenses.
Next Steps
If you are seeking to clear your record after a violent felony conviction, it’s critical to understand your specific situation and options. Our attorneys can:
- Evaluate whether a 402 reduction motion is appropriate in your case;
- Guide you through the expungement process if reduction is possible;
- Advise you on pardon or record relief alternatives; and
- Help prepare the strongest possible application or motion.
Contact us today to schedule a consultation and learn how the law may apply to your case.