Expunge Your Criminal Record or Reduce Your Felonies to Misdemeanors

Your criminal history may be holding you back from pursuing certain educational opportunities or from applying for certain jobs. Or you may simply not want others to know you have been convicted of a criminal act and have a criminal record. No matter the reason, you may want to have your criminal record expunged or reduce felony convictions to misdemeanors through a 402 reduction.

What Does it Mean to Have a Criminal Record Expunged?

It means that the digital record of the case no longer appears in the clerk docketing system. It means that the agency involved, when it’s done properly will no longer have a record of the case whether it be the prosecuting agency or law enforcement agency and most importantly, the Bureau of Criminal Identification (“BCI”). The physical file in the clerk’s office becomes sealed with a notice that it is not to be opened unless by order of the clerk. So it’s the same as record sealing in other states.

How You Can Expunge Your Criminal Record

If someone is eligible to expunge their criminal record, they have to follow specific instructions as set forth in the Utah Expungement Act, codified in Chapter 40 of Title 77 in the Utah Code.

A person who wants to expunge their criminal record must first obtain a Certificate of Eligibility from the Bureau of Criminal Identification. Once the ex-offender has been deemed eligible to apply for an expungement, their attorney will file a Petition for Expungement with the court. The Certificate of Eligibility is only valid for 90 days, so the Petition should be filed immediately. Lastly, there will be a hearing if the prosecutor objects to the expungement petition. If no objection is made, the expungement will be granted by the court.

The person applying for the expungement must wait a certain time period before they can have their record expunged following the completion of the offender’s sentence. The waiting period to expunge a criminal record is as follows:

Class C Misdemeanor or Infraction – 3 years
Class B Misdemeanor – 4 years
Class A Misdemeanor – 5 years
Misdemeanor DUI – 10 years
Any Felony – 7 years

In situations where a case was dismissed with prejudice, the alleged offender was acquitted at trial, the statute of limitations expired, or the prosecutor declined to file charges may be expunged after 30 days if no other arrests were made in that time.

How You Can Have Felony Convictions Reduced to Misdemeanors

You may be eligible to have your felony charges decreased to misdemeanors after successful probation completion. This is done under Utah Code Section 76-3-402 (commonly referred to as a “Utah 402 Reduction”). However, this is not an automatic or guaranteed process. If eligible, criminal defense attorney Ken Peterson will confidently argue your case before the prosecutor and show that you are an ideal candidate for the charge reduction.

Get Your Rights Back and Enjoy the Opportunities

It’s extremely frustrating to get rejected for employment, housing, or from any educational institution because of a criminal record. Northern Utah Law criminal record expungement and 402 reduction attorney Ken Peterson understands that mistakes can happen and everyone deserves a second chance. If you are someone who is facing difficulties due to a criminal record, you can contact Ken online to schedule a consultation. He knows how to help his clients get their rights so they can enjoy the opportunities everyone else is benefitting from.