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?