The most recent data from the Utah Department of Public Safety shows that about 30 people are arrested for DUI every day. If you have ever been in trouble with the law for driving under the influence in Utah, you may consider getting your DUI expunged from your records.
When a record is expunged, it becomes sealed. No one can unseal the record without a court order. This means you can tell a prospective employer or landlord that the crime never took place.
However, because the Beehive State takes DUIs seriously, it’s one of the harder crimes to get expunged from your record.
In order to get your DUI expunged, you need to petition the court. Essentially, you’ll file a motion with the court that convicted you. It will go before a judge who will make the final decision.
That may not sound too hard, but there are a few steps you need to take before you can consider trying to expunge a DUI charge.
For every crime, there is a specific waiting period before expungement becomes an option. For DUI’s, that time is usually about 10 years. During that time, you have to show that you’re actually changing by not getting in trouble for driving under the influence again.
The start time of this 10 years can be tricky. The state considers it to be the last of these three options: the date you were convicted, the day you were released from incarceration, or the day you completed parole or probation.
In most cases, you’ll likely count the end date of parole or probation because that is usually what happiness last.
Make sure you’re current with all fees, fines, and restitution associated with the crime. This includes what the court makes you pay to the state as part of the sentencing and what you may owe the victim.
Consider this example. You get into an accident because you were driving impaired. As a result, someone else was injured. Under Utah law, this is a class A misdemeanor if it’s your first DUI offense, and that may be on top of the DUI itself, which would be a class B misdemeanor. Each of those levels of crimes can land you in jail, and you may have to pay fines to the state — up to $1,000 for a class B and up to $2,500 for a class A.
In addition, you’ll likely have to pay for the victim’s medical bills and for damages to the vehicle. You won’t be eligible for expungement if you haven’t paid in full.
Before you petition the court, you need to send in an application to the Utah Bureau of Criminal Identification (BCI), which costs about $65. You’ll also have to provide finger prints and a form of identification.
The BCI will then look into your situation, make sure you have met all requirements, and confirm whether or not you’re eligible to get your DUI expunged. Once you have the confirmation, you can petition the court.
DUIs are one of the hardest crimes in Utah to get expunged from your record, and that’s because they have the longest waiting period. The next longest time is seven years, and that’s for felonies. So, even if you have probation on your record, you may be waiting longer than someone who served prison time.
In addition, DUIs aren’t covered under Utah’s Clean Slate Law, which was passed by the state legislature in 2019. Under that law, certain crimes will be automatically expunged as long as you waited a certain amount of time without committing the crime again.
If you were driving under the influence, and that resulted in a death, not only will you likely be charged with a DUI, you’ll also be charged with automobile homicide. This is a second-degree felony with a mandatory minimum sentence of five years in prison.
While the DUI itself could get expunged, automobile homicide isn’t eligible through the petition system.
In order to get automobile homicide cleared from your record, you’ll want to seek a pardon from the Utah Board of Pardons & Parole. This means the state has granted you formal forgiveness. It doesn’t completely clear your records. Your criminal history will still appear on background checks, but any rights that were taken away will be restored, like owning a gun.
In order to seek a pardon, you have to wait five years after all sentencing and supervision is over. You also need to pay all fines and restitution associated with the crime.
Once all of this is done, you can apply for the board members to hear your case. If they give you a hearing, they’ll consider various information including the application itself, input from the judges over your case, and input from the victims.
Getting a DUI expunged takes at least two rounds of paperwork, and there’s no guarantee it will be accepted. You may spend $65 for the BCI application, only to be turned down. This may happen if you add unnecessary information that ends up making you look bad.
A good attorney would be able to explain whether or not you qualify for an expungement, and they’ll be able to file everything on your behalf. It’s like having the smartest kid in school doing your homework for you. However, this time, you won’t get in trouble.
If you’re seeking a pardon, you’ll definitely want a lawyer by your side. A good lawyer who’s well-versed in Utah law will understand what the board is looking for. They’ll be able to do all necessary paperwork and coach you on how to approach your case.
If you want to get your DUI expunged or you need to seek a pardon, Brown, Bradshaw & Moffat’s Michael Holje is the perfect person for the job. He’s got over two decades-worth of experience in helping people get their life back in order. Fill out our intake form to start working with us.
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