Can You Expunge a DUI in Utah

Expunging a DUI in Utah is possible, but the rules are strict. Convicted DUIs require a 10-year waiting period from the date of conviction. Dismissed or reduced charges can be expunged sooner. Multiple DUIs can complicate eligibility significantly. Utah does not have a sealing process separate from expungement they are the same legal mechanism.

Last updated: July 2026

Utah’s expungement laws are codified in Utah Code Title 77, Chapter 40, Part 1. The expungement process removes a criminal record from public view. This means most employers, landlords, and private background check companies will not see the expunged record. Law enforcement agencies and certain licensing boards may still access expunged records, but the general public cannot. The difference between expungement and the old sealing process is largely semantic under current Utah law, though some older statutes still reference sealing.

A key point many Utah residents overlook is that the 10-year waiting period runs from the date of conviction, not the date of arrest, not the date you completed probation or paid fines, and not the date you finished your IID requirement. This distinction matters because people often assume the clock starts when their sentence ends. It starts on the day the judge entered the conviction. If you received a conviction in 2017 and finished probation in 2019, you become eligible in 2027, not 2029. Filing too early wastes money and gets denied.

How long do you have to wait to expunge a DUI in Utah?

The waiting period depends entirely on the outcome of your case. A convicted DUI requires a 10-year waiting period from the date of conviction. A dismissed DUI charge has no waiting period you can file immediately. A charge reduced to impaired driving under Utah Code 41-6a-502.5 may qualify for a shorter period, typically 2 to 5 years depending on the specific disposition. Cases resolved through a plea in abeyance may become eligible after the abeyance period ends and the case is dismissed.

Utah Code 77-40-105 specifies that the waiting period for a class B misdemeanor conviction is 5 years, but DUI is classified as a class B misdemeanor with an elevated penalty structure. Case law has clarified that the 10-year rule applies specifically to DUI under 41-6a-502, not the standard class B waiting period.

Utah Code 77-40-105

It is also worth noting that if you were convicted of a DUI as a minor in juvenile court, the waiting period and eligibility rules are different. Juvenile DUI adjudications follow juvenile expungement rules, which generally have shorter waiting periods and different procedural requirements. An attorney can help you determine which set of rules applies to your specific juvenile record.

Can you expunge a DUI if the charges were dismissed?

Yes. A dismissed DUI charge can be expunged immediately with no waiting period under Utah Code 77-40-104. This includes cases where charges were never filed, cases where the prosecutor dropped the charges before trial, and cases where the court dismissed the charges after a successful motion. You must still file a petition and pay the filing fee, but there is no statutory waiting period. The court will grant the expungement unless the prosecutor objects and shows good cause why the record should remain public.

However, expunging a dismissed DUI is not automatic. You must initiate the process by filing a petition with the court where the case was heard. You will need to provide the case number, the date of arrest, the date of dismissal, and evidence that all court costs and fees have been paid. Some prosecutors object to expungement of dismissed DUIs if the underlying arrest involved aggravating factors like an accident or minor passenger. An experienced attorney can help you prepare a strong petition and handle objections.

Can you expunge multiple DUIs in Utah?

Expunging multiple DUI convictions from your Utah record is generally not possible. Utah law prohibits expungement if you have more than one conviction for a felony or class A misdemeanor on your record. DUI is a class B misdemeanor for a first offense, but a second DUI can be charged as a class A misdemeanor, and a third DUI as a felony. The statute bars expungement for anyone with two or more felony or class A misdemeanor convictions.

Even for two class B DUI convictions, the practical reality is that prosecutors and courts rarely grant expungement for multiple DUIs. The policy behind Utah expungement law is to give people a second chance, not unlimited chances. If you have one DUI and one non-DUI class B misdemeanor, you may still qualify. But two DUI convictions, even both at the class B level, face significant headwinds. The best strategy for someone with multiple DUIs is to consult directly with an attorney who can review the full record and advise on the likelihood of success.

What is the difference between expungement and sealing in Utah?

Utah eliminated the distinction between expungement and sealing in 2014. Both terms referred to the same legal process under older versions of the Utah Code. Today, Utah uses only the term “expungement” in its statutes. The process involves filing a petition with the court, serving notice on the prosecuting agency, paying a filing fee, and obtaining a court order that removes the record from public access.

Some people still use the word “sealing” when referring to DUI records, but there is no separate sealing process in Utah law. If you hear someone talk about a “sealed” DUI record, they are describing an expunged record under the current legal framework. The Bureau of Criminal Identification (BCI) handles the actual removal of records from the state database once the court issues the expungement order. The process is the same regardless of what you call it.

What is the Utah expungement application process?

Step one is to confirm your eligibility. You need to request a certified criminal history from BCI to verify all convictions on your record. Step two is to complete the expungement petition forms available on the Utah courts website. Step three is to pay the filing fee, which is typically $295 as of 2026. Step four is to serve the petition on the prosecuting agency, which has 30 days to object. Step five is to attend a hearing if an objection is filed or if the judge requires one.

Step six, if the court grants the petition, is to submit the expungement order to BCI along with an additional $45 fee. BCI then removes the record from public databases. The entire process takes 2 to 4 months if no one objects. If the prosecutor objects, the timeline extends to 6 months or longer. Hiring an attorney for the expungement process is recommended because a single procedural error can result in denial. Utah courts do not allow you to simply resubmit a corrected petition in most cases you must start over and pay the fee again.

Does a DUI expungement restore gun rights in Utah?

Expungement of a DUI conviction does not automatically restore gun rights for most federal firearms disabilities. However, a DUI conviction generally does not trigger a federal firearms prohibition unless it is a felony DUI (third offense or aggravated DUI). For a standard class B misdemeanor DUI, there is no federal firearms disability to begin with. If your DUI was charged as a felony, expungement does not restore federal gun rights. Federal law looks at the underlying conviction, not the expungement.

Utah state law on firearm possession after a DUI conviction is less restrictive. Utah does not prohibit people with misdemeanor DUI convictions from possessing firearms under state law. A felony DUI conviction, even if expunged, may still raise issues with federal firearms possession. If gun rights are a concern in your case, you should discuss this specifically with your attorney, as the interaction between state expungement and federal firearms law is complex.

Need legal help with Utah DUI expungement?

Expungement of a DUI in Utah involves strict waiting periods, complex eligibility rules, and procedural requirements that are easy to get wrong. A qualified Utah criminal defense attorney can evaluate your record, determine your eligibility, and handle the entire petition process so you get a fair result.

About the Author: Daniel Banks is a legal content strategist who writes about Utah criminal defense, DUI law, and personal injury law. His work helps individuals facing criminal charges understand their legal rights and options under Utah law.

This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah criminal defense attorney for advice specific to your situation.