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Can I speed up the expungement process in Utah?

Waiting times for expungement eligibility in Utah are governed by the Utah Expungement Act (Utah Code 77-40-101 et seq.). While these statutory waiting periods are binding on both the courts and BCI, an attorney may be able to help you speed up the expungement process by first obtaining a 402 reduction for the level of the offense.

If you have criminal charges pending or are seeking to expunge a prior criminal record, the assistance of an experienced criminal lawyer is vital. Based in Salt Lake City, criminal defense attorney Stephen Howard provides legal services to clients throughout Utah. He has successfully defended his clients' rights in some of the most serious charges on the books in Utah.

Contact us today to arrange for an initial consultation.

Waiting Periods for Conviction Expungement in Utah

The waiting period for expunging a conviction in Utah begins at the conclusion of the later of either the completion of probation or parole, or the termination of any jail or prison term. The length of a waiting period for expunging records of a conviction is set by statute, and varies with the nature and level of the conviction. For most offenses, the following time periods apply:

- 10 years for DUI Convictions
- 7 years for Felony Convictions
- 5 years for Class A Misdemeanors
- 4 years for Class B Misdemeanors
- 3 years for Class C Misdemeanors

Reducing the Expungement Waiting Periods - 402 Reduction

Because most expungement waiting periods are dependent only on the level of the offense, a successful 402 motion to reduce the level of the conviction also reduces the waiting period for expungement eligibility. For example, having a third-degree felony reduced to a class A misdemeanor reduces the waiting period for expungement eligibility from 7 years to 5 years (a 2-year reduction). A two-step 402 reduction would change the conviction to a class B misdemeanor, with only a 4-year waiting period (a total 3-year reduction in the waiting period).

Finding an Expungement Attorney in Utah

Defense Attorney Salt Lake CityStephen Howard is an experienced Utah criminal defense lawyer. He has assisted clients in expunging records of cases ranging from serious felony convictions to plea-in-abeyance dismissals.

Based in Salt Lake City, Mr. Howard serves clients throughout Utah. If you believe you may qualify for an expungement or a 402 reduction, contact us now to schedule an initial consultation.

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  • Selected Victories
  • Criminal Defense AttorneyDismissed - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
  • Minor Possession Alcohol - MIP AttorneyDismissed - Minor in possession charge (MIP) was dismissed by prosecutor when defense analysis demonstrated that the police had failed to obtain necessary evidence against client. Police had raided a large party involving underage drinking. Several individuals were charged, but police did not obtain evidence showing that client had personally consumed or possessed alcohol. Case was dismissed.
  • 402 Reduction Lawyer Utah 2-Step Reduction - Client needed a two-step reduction to bring a prior conviction to the misdemeanor level. Collection of substantial evidence of reform and rehabilitation convinced a normally reluctant prosecutor to stipulate to the defense 402 reduction motion.
  • Utah Burglary Attorney Dismissal - Client was charged with first-degree felony home burglary and facing potential life in prison. Defense analysis revealed flaws in prosecutor's case which led to abeyance agreement intended to lead to a full dismissal of the case.
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
340 East 400 South, Suite 25, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

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