Utah is very liberal with expungements and 402 sentence reductions. Yet you can’t expunge a felony DUI.
The Utah Expungement Act states the following types of convictions are not eligible for an expungement:
(i) A capital felony. No amount of 402 two-step reductions will ever qualify capital convictions.
(ii) A first degree felony. Filing an appropriate two-step or one-step 402 may qualify you for an expungement so long as the offense is still not a violent felony.
(iii) Violent felony. A violent felony is: Most felony assault, felony child abuse, disarming a police officer, stalking, felony domestic violence crimes, nearly all registerable sex offenses, and all felony homicides.
(IV) FELONY DUI. A FELONY CONVICTION DESCRIBED IN SUBSECTION 41-6A-501(2);
(v) Registrable Sex Offenses. an offense, or a combination of offenses, that would require the individual to register as a sex offender.
(vi) Registrable Child Abuse. a registerable child abuse offense.
402 Reductions and Felony DUI Expungements.
The trick is to file a one-step 402 sentence reduction motion reducing the felony three DUI down to a misdemeanor DUI Class A. Then apply for a bureau of criminal identification expungement eligibility certificate.
CALL UTAH FELONY DUI EXPUNGEMENT ATTORNEY JAKE GUNTER. CALL/TXT (801) 373-6345. HE CAN NORMALLY TELL YOU OVER THE PHONE IN 5 MINUTES IF YOU CAN FILE FOR AN EXPUNGEMENT