Clearing a DUI From Your Record in Utah
Whether a DUI or DWI conviction can be expunged or sealed in Utah, and what to do instead if it can't.
Short answer: Felony DUI cannot be expunged. A misdemeanor conviction under Utah Code § 41-6a-501(2) can be expunged by petition, with a 10-year waiting period. Utah Code § 77-40a-303; Utah Courts Self-Help
| DUI / DWI convictions | Felony DUI cannot be expunged. A misdemeanor conviction under Utah Code § 41-6a-501(2) can be expunged by petition, with a 10-year waiting period. DUI-related offenses are not among the misdemeanors the Courts list as eligible for automatic clean slate expungement. The Courts' 2022 Clean Slate announcement also said DUI offenses are excluded from automatic clearing. |
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| How to apply | For most petitions: (1) Apply to the Utah Bureau of Criminal Identification (BCI) for a Certificate of Eligibility, which can take months and is valid for 180 days. (2) File a Petition to Expunge Records and a proposed Order, with the original certificate, in the court that decided the case. If no case was filed, use the district where the arrest happened. (3) The court sends the petition to the prosecutor. The prosecutor may consent and waive a hearing, or object within 35 days, and a victim may object within 60 days. The court waits at least 60 days and may hold a hearing, where the petitioner must show by clear and convincing evidence that the requirements are met and that expungement is not contrary to the public interest. (4) Get certified copies of the order within 28 days if needed. Traffic and qualifying medical-cannabis possession petitions do not need a BCI certificate. |
Where to get help in Utah
More Utah expungement & criminal records
- Getting a Copy of Your Utah Criminal Record
- Expunging or Sealing a Felony in Utah
- How to File for Expungement in Utah
- Sealing or Expunging Juvenile Records in Utah
- All Utah expungement & criminal records rules
FAQ
Can a DUI be expunged in Utah?
Felony DUI cannot be expunged. A misdemeanor conviction under Utah Code § 41-6a-501(2) can be expunged by petition, with a 10-year waiting period. DUI-related offenses are not among the misdemeanors the Courts list as eligible for automatic clean slate expungement.
How do you file for expungement in Utah?
For most petitions: (1) Apply to the Utah Bureau of Criminal Identification (BCI) for a Certificate of Eligibility, which can take months and is valid for 180 days. (2) File a Petition to Expunge Records and a proposed Order, with the original certificate, in the court that decided the case. If no case was filed, use the district where the arrest happened. (3) The court sends the petition to the prosecutor. The prosecutor may consent and waive a hearing, or object within 35 days, and a victim may object within 60 days. The court waits at least 60 days and may hold a hearing, where the petitioner must show by clear and convincing evidence that the requirements are met and that expungement is not contrary to the public interest. (4) Get certified copies of the order within 28 days if needed. Traffic and qualifying medical-cannabis possession petitions do not need a BCI certificate.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.