Example DUI Orem Center Street: You just got a DUI on Orem Center Street. You lost your license at the initial driver’s license division administrative hearing. You pled to Impaired Driving and got license back. You are in the process of going to treatment and paying your court fines. You are on 12 months of court probation.
Forever Unless You Expunge It. A Utah DUI stays on your record forever until you expunge it under the Utah Expungement Act. Utah Code 77-40a-101. DUI expungements are not automatic and certainly don’t land under Utah’s new Clean Slate Act (automatic expungements).
Waiting Period 10 Years + Probation. The waiting period to expunge your Utah DUI is 10 years after the case closes successfully. This is called “10 years plus probation.” So it’s actually 13 years or more.
CRITICAL: If you don’t successfully complete probation, you can never expunge your Utah DUI.
CRITICAL: If you fail to pay fines or restitution, you can never expunge your Utah DUI. See Utah Code 77-40a-303(1)(c)(i).
Felony DUIs. Felony Utah DUIs are never eligible for expungement. You first have to run a 402 sentence reduction and reduce the felony DUI to a
Misdemeanor DUI Class A. Then it can be eligible for expungement. See Utah Code 77-40a-303(2)(a)(iv).
Where is your Utah DUI Found in your Criminal Records? Your criminal record is composed of many things, not just criminal convictions. Common criminal records involve:
(1). Police reports, body cam footage, dash footage, 911 calls. (2). Jail and Prison records. (3). Court files. (4). Prosecutor files. (5). Don’t forget the DNA expungement now available in 2022.
What is GRAMA/FOIA Public Records Request Laws? Until you expunge your records each one of these agencies have a part of your criminal record that is subject to release under public record request laws. GRAMA/FOIA.
GRAMA stands for: “Government Records Access and Management Act” See Utah Code 63G-2-101. Enacted in 1991 by the Utah Legislature, GRAMA stands for the proposition of open government records. It allows the public to get most government records. Including your arrest records.
FOIA stands for: “The Freedom of Information Act.” FOIA gives the public the right see federal government records. FOIA is the federal version of Utah’s GRAMA.
UTAH DUI ATTORNEY JAKE GUNTER. CALL/TXT (801) 373-6345 FOR A FREE CONSULT. HE CAN USUALLY TELL YOU OVER PHONE IN 5 MINUTES IF YOU CAN EXPUNGE YOUR CASE