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DUI Expungement in Utah

Utah has enacted an Expungement Act. To be eligible, you must have paid off all your fines and penalties, complete probation, and completed any other penalties imposed by the court. Furthermore, the application date must be 10 years from the date of your DUI conviction.

To start, you must send an application to the Bureau of criminal identification and department of safety and pay the applicable fees. The Bureau will inform you if you qualify or not. If yes, you shall pay the issuance fee. You shall then take the certificate of eligibility and a petition for expungement to the court that convicted you or to the district court that you were arrested in. You shall then give a copy to the prosecutor’s office.

If there is an objection by the prosecutor’s office or a victim, a hearing will be held. The judge will (in her discretion) determine if justice is in favor of expungement. If no one objects, the judge will enter judgment in your favor.

After judgment is entered, you are required to send copies to all agencies that have your record. The agencies will then erase the conviction.

It should be noted that only the public and employers are affected by expungement. They can neither see nor discover your conviction. Your governmental record will never be erased; meaning that the government will always be able to see your prior conviction.

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