DUI Expungement Process in Utah

Step-by-Step Guide to Expunging a DUI Conviction in Utah

The Utah DUI expungement process follows a specific sequence established by Utah Code 77-40a. Each step has its own requirements, fees, and potential obstacles. Missing a step or filing in the wrong order can delay or defeat the petition. Understanding the full process before starting helps avoid costly mistakes.

Glen Neeley has guided clients through the expungement process since 1998. As a board-certified DUI defense specialist through the National College for DUI Defense, he understands both the criminal conviction that created the record and the administrative and legal steps required to remove it.

The Expungement Process From Start to Finish

Step 1: Verify Eligibility

Before spending time or money on the process, confirm that you meet all eligibility requirements. The conviction must be eligible under Utah Code 77-40a, the waiting period must have passed. For DUI convictions specifically, the waiting period is 10 years for any misdemeanor DUI regardless of classification, and felony DUI is permanently ineligible for expungement under Utah Code 77-40a-302. For non-DUI offenses, the general periods are 4 years (class B misdemeanor), 5 years (class A misdemeanor), and 7 years (felony) under Utah Code 77-40a-303, the entire sentence must be complete, there must be no pending charges, no disqualifying subsequent convictions, and the lifetime expungement limits must not be exceeded.

A preliminary review of your BCI criminal history report can help identify potential issues before you begin the formal process.

Step 2: Obtain a Certificate of Eligibility from BCI

The Bureau of Criminal Identification, a division of the Utah Department of Public Safety, issues certificates of eligibility for expungement. To obtain the certificate, you must submit an application along with the $65 (fee amounts may be adjusted; contact BCI at 801-965-4445 for current fees) BCI processing fee. BCI reviews your criminal history, verifies that the waiting period has been met, checks for disqualifying factors, and issues the certificate if you qualify.

The BCI review process typically takes 30 to 60 days but can take longer if the criminal history requires research or clarification. If BCI determines you are not eligible, it will issue a denial with an explanation. Common reasons for denial include incomplete sentence components, pending charges, or exceeding expungement limits.

Step 3: Prepare and File the Expungement Petition

Once you have the certificate of eligibility, you file a petition for expungement with the court that entered the conviction. The petition must include the certificate of eligibility, a copy of your criminal history, and a filing fee of $135. The petition identifies the specific conviction to be expunged and certifies that all eligibility requirements are met.

The petition must be filed in the correct court. If the DUI conviction was entered in a justice court, the petition is filed there. If it was in a district court, the district court handles the petition. Filing in the wrong court can delay the process.

Step 4: Prosecution Review Period

After the petition is filed, the prosecuting agency that handled the original DUI case receives notice and has 60 days to respond. The prosecutor can agree to the expungement, object to it, or not respond. If the prosecutor does not respond within 60 days, the petition is treated as unopposed.

If the prosecutor objects, the court schedules a hearing where both sides present arguments. Common bases for objection include disputed eligibility, incomplete sentence requirements, or a new criminal history entry that the petitioner did not disclose.

Step 5: Court Order

If the petition is unopposed or the court rules in the petitioner's favor after a hearing, the court issues an expungement order. This order directs all government agencies holding records of the conviction to seal those records. The order is sent to the BCI, the court, the arresting agency, the prosecuting agency, and any other entity holding records of the case.

Once the order is issued, the agencies must comply by sealing the records within 30 days. After sealing, the conviction no longer appears on standard background checks, and the petitioner can legally answer that they have not been convicted of the offense in most circumstances.

Costs and Fees for DUI Expungement in Utah

The direct costs of the expungement process include the $65 BCI certificate of eligibility fee and the $135 court filing fee. These fees are required regardless of whether you use an attorney.

If you hire an attorney to handle the process, attorney fees are additional. Fees vary based on the complexity of the case, whether objections are anticipated, and the attorney's experience. The investment in professional assistance can be worthwhile because errors in the petition or the process can result in denial, requiring the entire process to start over.

If the prosecutor objects and a hearing is required, additional attorney time and preparation add to the cost. Hearings are not common in straightforward cases but can occur when eligibility is disputed or the criminal history presents complications.

The total cost for a typical expungement, including BCI fee, court filing fee, and attorney representation, is generally modest compared to the long-term value of a clean record. The ongoing costs of a visible DUI conviction, including impacts on employment, housing, insurance, and professional licensing, often exceed the one-time cost of expungement.

Common Reasons Expungement Petitions Are Denied

Understanding why petitions fail helps you avoid the same mistakes. The most common reasons for denial include filing before the waiting period has fully elapsed, incomplete sentence requirements that the petitioner believed were satisfied, pending charges in another jurisdiction that the petitioner overlooked, exceeding the lifetime expungement limits, and errors in the petition paperwork.

Timing mistakes are particularly common. The waiting period begins on the date of sentence completion, not the date of conviction. If probation ended in March and the petitioner calculated the waiting period from the conviction date in January of the prior year, the petition may be premature.

Outstanding financial obligations are another frequent issue. Unpaid fines, fees, or restitution mean the sentence is not complete, which means the waiting period has not started. Courts verify payment records, and discrepancies between what the petitioner reports and what the records show can result in denial.

New criminal activity during the waiting period is a clear disqualifier. Even minor offenses beyond traffic infractions can affect eligibility. Petitioners should maintain a clean record throughout the waiting period and through the petition process.

What Happens After Expungement Is Granted

Once the court issues the expungement order, the conviction is sealed from public access. Government agencies, law enforcement, the court, and BCI all receive the order and seal their records. The process of actual sealing can take several weeks after the order is issued.

After expungement, the conviction no longer appears on standard criminal background checks. In most situations, you can legally state that you have not been convicted of the offense. This applies to job applications, housing applications, and most other inquiries about criminal history.

There are exceptions. Some government agencies, law enforcement, and professional licensing boards retain access to sealed records for specific purposes. If you apply for a law enforcement position, a security clearance, or certain professional licenses, the sealed conviction may still be discoverable. Additionally, if you are charged with a new criminal offense, the sealed conviction can be referenced by the court for sentencing purposes.

The expungement order does not reach private databases maintained by commercial background check companies. If a company obtained your conviction information before the expungement, that data may remain in their records until it is updated. Some individuals find it necessary to contact these companies directly to ensure their records are updated after expungement.

Frequently Asked Questions About the Expungement Process

How long does the entire expungement process take?

From the initial BCI application to the final court order, the process typically takes 3 to 6 months. BCI processing takes 30 to 60 days, and the prosecution review period is 60 days. If a hearing is required, the timeline extends further. Planning for approximately 4 to 6 months from start to finish is reasonable for most cases.

Can I expedite the process?

The statutory timelines for BCI processing and prosecution review cannot be shortened. However, having all documentation ready before filing, ensuring the petition is correctly prepared, and responding promptly to any requests from the court or BCI can help avoid unnecessary delays.

What if I moved out of Utah after my DUI conviction?

You can still petition for expungement of a Utah DUI conviction regardless of where you currently live. The petition is filed in the Utah court that entered the conviction. Your attorney can handle the filing and any necessary court appearances on your behalf in most cases.

Timeline and Milestones in the Expungement Process

The expungement process in Utah follows a defined sequence of steps, each with its own timeline. The first milestone is confirming eligibility, which involves reviewing your criminal history, verifying that all sentencing requirements have been completed, and confirming that the required waiting period has passed. For most DUI convictions in Utah, the waiting period is measured from the date all conditions of the sentence were satisfied, not from the date of arrest or conviction.

Once eligibility is confirmed, the next step is obtaining a certificate of eligibility from the Utah Bureau of Criminal Identification (BCI). This application requires submission of fingerprints and a processing fee. BCI review typically takes several weeks. After receiving the certificate, the petition for expungement is filed with the court that handled the original case.

The court filing initiates a period during which the prosecution can review the petition and raise objections. If no objection is filed, the court may grant the expungement without a hearing. If the prosecution objects, a hearing is scheduled where Glen Neeley presents the case for expungement. From initial eligibility review through final court order, the process typically spans several months. Our office manages each step and keeps clients informed of progress at every milestone.

Talk to Glen Neeley About Your Case

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