How long will a Utah DUI charge stay on my record?

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 with Salt Lake criminal attorney Stephen Howard.
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 in Salt Lake
Based in Salt Lake City,
criminal attorney
Stephen Howard has protected his clients' rights 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.

A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....
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