Utah DUI Expungement Attorney
DUI expungement seals a criminal conviction from the standard background check databases that employers, landlords, and licensing boards rely on to make decisions. Under Utah Code 77-40a, eligible individuals can petition the court to expunge DUI convictions after completing their sentence and satisfying a statutory waiting period. We handle the full expungement process – from pulling your criminal history and confirming eligibility through obtaining the BCI certificate, filing the court petition, and securing the final expungement order.
Sealed from Background Checks
Expungement seals criminal convictions from standard background check databases. Employers, landlords, and licensing boards will not see the conviction when running commercial checks.
Full Process Handling
We handle every step from eligibility evaluation and BCI certificate application through petition drafting, court filing, prosecution response period, and the final expungement order.
Free Eligibility Review
We evaluate your conviction type, sentence completion date, and criminal history during a free consultation to determine whether you qualify for expungement before any fees are paid.
What DUI Expungement Does – and Does Not Do
Expungement seals criminal convictions from standard background check databases. After a court grants an expungement order, the conviction no longer appears on the commercial background checks that employers, landlords, and professional licensing boards use. You can legally answer “no” when asked whether you have been convicted of a crime in most employment and housing contexts. Utah law treats the expunged record as if the arrest and conviction never occurred for these purposes.
Expungement does not destroy the underlying record. Law enforcement agencies and certain government entities retain access to sealed records through the Bureau of Criminal Identification. If you apply for a position in law enforcement, work with vulnerable populations in certain licensed roles, or face new criminal charges, the expunged conviction may still be visible to those specific agencies. Expunged DUI convictions can also still count as prior offenses for enhancement purposes if you receive another DUI within the statutory look-back period.
For the situations that affect most people – job applications, apartment rentals, professional license applications, volunteer background checks, and personal peace of mind – expungement removes the barrier. The conviction disappears from the public record that most organizations search when making decisions about your candidacy.
DUI Expungement Eligibility Under Utah Code 77-40a
Utah’s expungement statute sets specific waiting periods based on offense level. Sentence completion triggers the statutory waiting period for eligibility – and “completion” means every component of the sentence has been satisfied: jail or prison time served, all fines and restitution paid in full, probation or parole completed, community service hours finished, and any court-ordered treatment programs done. The waiting period clock starts from whichever of those obligations was completed last.
Class B Misdemeanor DUI
4-year waiting period after completion of sentence. This is the most common DUI classification in Utah – a first-offense DUI with no aggravating factors. You must have no pending criminal charges and no subsequent convictions during the waiting period.
Class A Misdemeanor DUI
5-year waiting period after completion of sentence. A DUI may be charged as a class A misdemeanor when aggravating factors are present, such as a BAC of .16 or higher, a passenger under 16, or a DUI involving an accident with injury. Same clean-record requirement applies.
Third-Degree Felony DUI
6-year waiting period after completion of sentence. A DUI becomes a third-degree felony when you have two or more prior DUI convictions within the past ten years, or when the DUI results in serious bodily injury. Felony expungement also has stricter lifetime limits.
Second-Degree Felony DUI
7-year waiting period after completion of sentence. A DUI that causes death or involves certain prior felony convictions may be charged at this level. These cases require careful review of both the conviction and complete criminal history before we can evaluate expungement eligibility.
Sentence Completion Details
“Completion of sentence” means every obligation has been satisfied – jail time served, fines and restitution paid, probation discharged, community service finished, and all treatment programs completed. If probation was terminated early by the court, that termination date counts. We verify exact completion dates before filing.
Lifetime Expungement Limits
Utah caps the total number of expungements per person: two felony convictions, two class A misdemeanors, three class B misdemeanors, and four class C misdemeanors or infractions. If you have multiple convictions, we evaluate your full record to determine which expungements to prioritize for the greatest practical benefit.
How the Utah DUI Expungement Process Works
The expungement process involves several stages with different agencies. We manage each step and keep you informed of where your petition stands throughout. Most DUI expungements take between three and six months from start to finish, depending on BCI processing times and whether the prosecution files an objection.
1. Eligibility Review & BCI Application
We start by pulling your criminal history and reviewing the conviction details, sentence completion dates, and any subsequent record. Once we confirm eligibility, we apply to the Bureau of Criminal Identification for a certificate of eligibility. BCI certificates confirm expungement eligibility before petition filing and cost $65 (fee amounts may be adjusted; contact BCI at 801-965-4445 for current fees). BCI processing typically takes several weeks.
2. Petition Drafting & Filing
With the BCI certificate in hand, we draft the petition for expungement and file it with the court that handled the original conviction. The court filing fee is $135. We attach the BCI certificate, relevant case documents, and a proposed expungement order. The petition is served on the prosecuting attorney for that jurisdiction.
3. Prosecution Review & Court Order
The prosecution has 60 days to review the petition and file any objection. If no objection is filed, the court typically grants the expungement without a hearing. If the prosecution objects, we represent you at the hearing. Once granted, the court sends the expungement order to all relevant agencies – BCI, arresting agency, court records – directing them to seal the record.
How Expungement Affects Employment, Housing, and Licensing
A DUI conviction on your record creates friction at every stage where a background check is involved. Expungement removes that friction in specific, practical ways.
For employment, an expunged DUI conviction will not appear on the standard commercial background checks most employers use through services like Checkr, GoodHire, or Sterling. You can legally answer “no” on applications that ask whether you have been convicted of a crime. Many employers who would otherwise pass on a candidate with a DUI on record will never see it after expungement.
For housing, landlords who run background checks through tenant screening services will not see the expunged conviction. This matters for competitive rental markets where property managers filter applicants based on criminal history.
For professional licensing, the answer depends on the specific licensing board. Some Utah licensing applications ask about expunged convictions, and you may be required to disclose even sealed records to certain regulatory bodies. We advise clients on these distinctions during the consultation so you understand exactly what expungement will and will not change for your specific situation.
Why DUI Expungement Requires an Attorney Who Knows the Process
Expungement petitions are denied when eligibility is miscalculated, paperwork is incomplete, or the wrong court receives the filing. We handle DUI expungement cases across all Utah courts – district courts for felony DUI convictions and justice courts for misdemeanor DUI cases. Each court has its own clerk procedures, and some jurisdictions are more efficient than others at processing petitions.
DUI-specific expungement requires attention to details that general criminal expungement does not. The waiting period for a DUI depends on the offense classification, which can differ from the original charge if the case was plea-bargained down. A DUI originally charged as a class A misdemeanor but resolved as a class B carries the class B waiting period – four years instead of five. We review the final disposition, not just the original charge, to calculate your actual eligibility date.
We also handle cases where clients have multiple convictions and need to navigate the lifetime expungement caps. If you have both a DUI and unrelated misdemeanors, the order in which you pursue expungements matters. We help prioritize based on which conviction creates the most practical impact on your daily life.
DUI Expungement Questions
Can a DUI be expunged in Utah?
Yes. Both misdemeanor and felony DUI convictions are permanently ineligible for expungement under Utah Code 77-40a-302 in Utah under Utah Code 77-40a, provided you have completed your sentence, satisfied the required waiting period, have no pending criminal charges, and have not exceeded the lifetime expungement limits. A class B misdemeanor DUI requires a 4-year wait; class A misdemeanor requires 5 years; third-degree felony requires 6 years; and second-degree felony requires 7 years. We evaluate your specific case during a free consultation to confirm whether you currently qualify.
How long does the expungement process take?
From initial consultation to final court order, most DUI expungements take between three and six months. The BCI certificate application takes several weeks to process. After the petition is filed with the court, the prosecution has a 60-day statutory review period. If the prosecutor does not object, the court can sign the expungement order without a hearing, which shortens the timeline. If an objection is filed, we schedule and attend the hearing on your behalf, which may add several weeks.
Will an expunged DUI still show on a background check?
After expungement, the conviction is sealed from standard commercial background check databases. Employers and landlords using services like Checkr, HireRight, or similar providers will not see the conviction. However, law enforcement agencies retain access to sealed records through BCI. Certain government positions, security clearance applications, and some professional licensing boards may still require disclosure of expunged convictions. We explain which specific situations apply to your case during the consultation.
How much does DUI expungement cost?
Government fees include $65 for the BCI certificate of eligibility and $135 for the court filing fee. Attorney fees are separate and depend on the complexity of your case – whether it involves a misdemeanor or felony, single or multiple convictions, and whether the prosecution is likely to object. We provide a clear fee breakdown during the initial consultation so you know the full cost before committing.
Can a felony DUI be expunged?
Yes, in many cases. Third-degree felony DUI convictions at the felony level are permanently ineligible for expungement under Utah Code 77-40a-302. The lifetime cap allows up to two felony expungements. However, felony expungement petitions receive closer scrutiny from prosecutors, and the court weighs additional factors when deciding whether to grant the petition. We assess the strength of your felony expungement case during the free consultation.
What if my DUI was reduced to a lesser charge through a plea deal?
The waiting period and eligibility requirements are based on the final conviction – the charge you were actually convicted of, not the original charge. If a class A misdemeanor DUI was reduced to impaired driving as a class B misdemeanor, the applicable class B waiting period applies. We review the final court disposition to calculate the correct eligibility date for your case.
Start Your DUI Expungement – Free Eligibility Review
We evaluate your DUI conviction, sentence completion date, and criminal history during a free, confidential consultation. If you qualify, we handle the full expungement process – BCI application, petition drafting, court filing, and representation if the prosecution objects. Glen Neeley is Board Certified in DUI Defense and an NCDD Faculty Member, with experience handling both misdemeanor and felony DUI expungement petitions across Utah courts.
801-645-5008 – Available 24/7 – Statewide Utah