When can I get my DUI expunged in Utah?ANSWER: You have to wait 10 years from successfully completing probation in your underlying DUI case to be eligible for a DUI expungement in Utah.
ANSWER: Forever unless you get an expungement. Until 2020, all convictions always stayed on you Utah criminal record until expunged. Getting your Utah DUI expunged off your record is a great idea and very affordable, generally a flat fee.
ANSWER: Most basic, Title 41-6a-101 Utah Traffic Code offense are not eligible for expungement and are considered minor regulatory offenses. Obviously DUIs, Reckless Driving, Impaired Driving, No Insurance, No Registration, Driving on a Suspended Licenses or other major offense are expungeable.
So serious offenses under the Utah Traffic Code are expungeable. But speeding and failure to maintain your lane, are not.
ANSWER:
① Classic alcohol related DUI per se .005 BAC or above. Section 41-6a-502.
See this article on the DUI court process.
② Impaired Driving. Section 41-6a-502.5. (Considered the lesser charge for DUI Per Se).
See this article on the differences between DUI and Impaired Driving.
③ Drugged Driving. Metabolite or driving with any measurable controlled substance that is taken illegally in the body under Section 41-6a-517.
What counts as drugged driving? See here.
④ Any DUI type conviction that was charged under local city or county ordinances.
⑤ Automobile Homicide under Section 76-5-207.
What is Auto/Vehicular Homicide?
⑥ Refusal of a chemical test under Subsection 41-6a-520(7). This is a new crime as 2020.
How do you get a DUI removed from your record?ANSWER: See this deeper article on expungements.
But the process is as follows:
① Get fingerprinted.
② Mail off your expungement application. Wait 3-5 months.
③ File petition and Bureau of Criminal Identification Eligibility Certificate with the convicting court.
④ Obtain prosecutor approval, if possible.
⑤ File order for judge to sign expunging your records.
⑥ DOUBLE SUPER important. Mail certified copies of the judicial order expunging the records to all agencies who may have records concerning the incident. Common agencies who may have records of your conviction are: Jail. Prisons. County attorney’s offices. Contract prosecuting attorneys offices. Local police departments. FBI. Courts.
Here are some common Utah drunk driving expungement problems.
① Failure to successfully complete probation.
② Completed probation, but had a seriously hard time doing so, resulting with many orders to show cause causing jail, prison time or other sanctions.
③ Failure to pay fines. Fines being sent to State debt collection, The Office of Recovery Services.
④ Victims of the DUI crime object. Prosecutor objects.
⑤ Failure to pay court ordered restitution. Or a permanent criminal protective order is still in place.
