Can enhanceable crimes be expunged in Utah?
Many enhanceable crimes in Utah are eligible for
expungement.
But an extended waiting period may apply, and you may be more likely to
face opposition from prosecutors when seeking to expunge a criminal
record involving enhanceable offenses. This page addresses expungement
issues relating to DUI, domestic violence, and theft convictions.
For assistance in the expungement process,
contact us today to arrange for a confidential consultation. Based in Salt Lake City,
criminal attorney Stephen Howard offers legal services to clients throughout Utah.
Expunging DUI Charges in Utah
A
felony DUI conviction is simply not eligible for expungement under the Utah Expungement Act. But
misdemeanor
DUI convictions may be expunged if you can demonstrate by clear and
convincing evidence that the expungement is not contrary to the public
interest.
The Utah legislature has imposed a longer waiting
period for DUI expungement eligibility. While most class B misdemeanors
require only a four-year waiting period, a misdemeanor DUI conviction
requires a ten-year waiting period.
Additionally, because of
public safety concerns relating to DUI offenses, prosecutors may be
more likely to object to an expungement petition involving a DUI
conviction. These same public safety concerns have contributed to the
legislature's decision to make DUI crimes enhanceable. But these
concerns do not act as a complete bar to expungement. If the required
standards are met, a DUI conviction may still be expunged.
Domestic Violence and Theft Expungements
Domestic
violence charges and theft charges have both been made enhanceable by
the Utah legislature. But unlike DUI convictions, the legislature has
not imposed an extended waiting period for expungement eligbility. Time
periods for expungement eligibility are based on the level of the
offense. For example, a felony theft conviction requires a seven-year
waiting period for expungement eligibility. A class B domestic violence
assault charge requires only a three-year waiting period.
While
domestic violence charges can be expunged, violent felony charges are
not eligible for expungement regardless of enhanceability. Thus, a
felony domestic violence conviction is not eligible for expungement.
But if a 402 reduction is granted first, reducing the domestic violence
felony to the misdemeanor level, expungement eligibility can be
restored.
Finding a Utah Criminal Attorney in Salt Lake City

Utah's
statutes governing the expungement of criminal convictions and
arrests present a complicated set of rules regarding what charges can
be expunged, how long you may have to wait for the expungement, and
what you have to demonstrate to the court to have your expungement
petition granted. Under Utah criminal law, there are a variety of
enhancements
that can affect the level of a criminal charge or conviction. Some
enhanceable charges can affect your
eligibility
for expungement, while others may not. Consultation
with an experienced
criminal defense attorney in Utah
is recommended to help determine whether you are eligible to have your
criminal record expunged.
To learn more about the expungement process,
contact us today to arrange
for an initial consultation with
Salt
Lake City criminal defense lawyer Stephen Howard today.
RELATED CRIMINAL DEFENSE QUESTIONS:
Can a violent felony conviction be expunged in Utah?How do I get a 402 reduction?How soon can I start the expungement process for a dismissed case?