Can I speed up the expungement process in Utah?

Stephen Howard — Stone River Law

Real Experience. Real Results.

Can I speed up the expungement process in Utah?

Waiting times for expungement eligibility in Utah are governed by the Utah Expungement Act (Utah Code 77-40a-101 et seq.). While these statutory waiting periods are binding on both the courts and BCI, an attorney may be able to help you speed up the expungement process by first obtaining a 402 reduction for the level of the offense.

Waiting Periods for Conviction Expungement in Utah

The waiting period for expunging a conviction in Utah begins at the conclusion of the later of either the completion of probation or parole, or the termination of any jail or prison term. The length of a waiting period for expunging records of a conviction is set by statute, and varies with the nature and level of the conviction. For most offenses, the following time periods apply:

– 10 years for DUI Convictions
– 7 years for Felony Convictions
– 5 years for Class A Misdemeanors
– 4 years for Class B Misdemeanors
– 3 years for Class C Misdemeanors

Reducing the Expungement Waiting Periods – 402 Reduction

Because most expungement waiting periods are dependent only on the level of the offense, a successful 402 motion to reduce the level of the conviction also reduces the waiting period for expungement eligibility. For example, having a third-degree felony reduced to a class A misdemeanor reduces the waiting period for expungement eligibility from 7 years to 5 years (a 2-year reduction). A two-step 402 reduction would change the conviction to a class B misdemeanor, with only a 4-year waiting period (a total 3-year reduction in the waiting period).