Some Utah Crimes Cannot Be Expunged

Expungement Attorney

Our criminal defense law firm has some of the most experienced Utah expungement attorneys in the state and work with expungement clients on a daily basis.  In taking calls from prospective expungement clients the first question we always ask is what class of crime is the caller wanting to expunge.  The reason for this question is because there are a number of convictions which simply cannot be expunged.  Those crimes include:

  • a capital felony (those offenses for which the death penalty can be imposed);
  • a first degree felony;
  • aggravated arson, arson, knowingly causing a catastrophe, and criminal mischief,
  • assault by prisoner
  • disarming a police officer
  • aggravated assault
  • aggravated assault by prisoner
  • mayhem
  • stalking
  • threat of terrorism
  • child abuse
  • commission of domestic violence in the presence of a child
  • abuse or neglect of a child with a disability
  • ause, neglect, or exploitation of a vulnerable adult
  • endangerment of a child or vulnerable adult
  • criminal homicide offenses
  • kidnapping, child kidnapping, and aggravated kidnapping
  • rape
  • rape of a child
  • object rape
  • object rape of a child
  • forcible sodomy
  • sodomy on a child
  • forcible sexual abuse
  • aggravated sexual abuse of a child or sexual abuse of a child
  • aggravated sexual assault
  • sexual exploitation of a minor
  • sexual exploitation of a vulnerable adult
  • aggravated burglary and burglary of a dwelling
  • aggravated robbery and robbery
  • theft by extortion
  • tampering with a witness
  • retaliation against a witness, victim, or informant
  • tampering with a juror
  • extortion to dismiss a criminal proceeding if by any threat or by use of force theft by extortion has been committed
  • possession, use, or removal of explosive, chemical, or incendiary devices
  • unlawful delivery of explosive, chemical, or incendiary devices
  • purchase or possession of a dangerous weapon or handgun by a restricted person
  • unlawful discharge of a firearm
  • aggravated exploitation of prostitution
  • bus hijacking
  • discharging firearms and hurling missiles
  • automobile homicide
  • felony DUI
  • a registerable sex offense

Although the above listed offenses are not expungeable by themselves we still may be able to help you get the convictions expunged.

Conviction Reduction

If you have been convicted of one of the above listed offenses we can attempt to get your conviction reduced to a lesser offense than can be expunged.  Sometimes this can be a difficult process because the most a conviction can be reduced is by two degrees and it can only be reduced by two degrees if the prosecutor on the case agrees to the double reduction. Whether the prosecutor will agree to a double reduction depends on the specific facts of your case.

Call us at 801.618.1334 to get started with clearing your criminal records today.

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