A DUI conviction is one of the more difficult charges to clear from your Utah criminal record. Utah law generally provides for a 10-year waiting period for expunging a DUI. But when or whether you can have a DUI conviction expunged from your record can depend on a number of factors.
Having the assistance of an experienced Utah criminal defense lawyer can be invaluable as you proceed. Contact us today to schedule an initial consultation.
Expunging Felony DUI Convictions in Utah
Utah’s expungement eligibility statute prohibits the expungement of a felony DUI conviction. However, if you completed probation successfully in your felony DUI case, you may be eligible to have the level of the conviction reduced to the misdemeanor level using a “402 reduction” motion under Utah Code 76-3-402. Once the conviction is reduced to the misdemeanor level, expungement of the case is then subject to the rules applicable to other misdemeanor DUI convictions.
While a misdemeanor DUI is expungeable under Utah law, the waiting period for eligibility is still longer than for a non-DUI felony charge. Most felony charges require a 7-year waiting period before expungement. But a misdemeanor DUI requires a 10-year waiting period to be eligible for expungement.
Misdemeanor DUI Expungements in Utah
If you have been convicted of a misdemeanor in Utah for a charge of DUI, driving with a measurable controlled substance metabolite, or impaired driving, you may be eligible to have the conviction expunged from your record. However, the waiting period for a DUI or other related charge is much longer than for most other Utah misdemeanor charges.
Whereas most Utah misdemeanor charges can be expunged after 3-5 years, a misdemeanor DUI charge cannot be expunged until 10 years after you complete probation or a jail sentence. This 10-year period corresponds to the 10-year enhancement period for DUI charges. This allows Utah prosecutors to enhance the sentencing consequences for second or subsequent DUI convictions if a person has prior DUI convictions within 10 years of the new charge. A third DUI within 10 years can be charged as a felony.
Finding a Utah Criminal Attorney
We have helped clients in a wide variety of criminal defense matters, including DUI cases, expungements, and 402 reductions. For help determining whether you may be eligible for an expungement, or for help with current criminal charges, contact us today to schedule an initial consultation.
