Glen W. Neeley – Utah DUI Defense Attorney
Glen W. Neeley
Utah DUI Defense Attorney  ·  Defending Clients Since 1998
Utah Criminal Defense · Glen W. Neeley

Utah Expungements
Clear Your Record. Reclaim Your Future.

A past conviction does not have to define the rest of your life. Utah law provides a path to clear criminal records — including DUI convictions — from public view. Glen W. Neeley can guide you through every step.

Call (801) 645-5008 — Free Consultation

What Is an Expungement — and What Does It Actually Do?

An expungement is a court order that seals your criminal record from public view. Once granted, the arrest, charge, or conviction is treated as if it never occurred for most purposes. You can legally answer “no” on most job applications, housing applications, and background check questions that ask whether you have been arrested or convicted.

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Employment Applications

For most private employers, you can legally state you have never been convicted. A sealed record does not appear on standard background checks.

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Housing Applications

Landlords running criminal background checks will not see an expunged record. Past convictions can no longer be used to deny housing in most cases.

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Professional Licenses

Many licensing boards — healthcare, real estate, financial services — allow applicants with expunged records to answer “no” to conviction questions.

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Peace of Mind

Beyond the practical benefits, an expungement provides a legal fresh start — the formal recognition that a past mistake no longer defines you.

Important limitation: Expunged records remain accessible to law enforcement and courts for criminal proceedings. If you are charged with a new felony, prosecutors may petition to open the expunged record for sentencing purposes. Certain government agencies and professional licensing bodies may also have access. An expungement is not an erasure — it is a sealing. For most everyday purposes, however, the effect is the same.

Utah Waiting Periods by Offense Type

Under Utah Code § 77-40a-303, the clock starts from whichever came last: the date of conviction, or the date of release from incarceration, parole, or probation. All fines, fees, and restitution must also be paid in full before the waiting period begins.

Expungement Waiting Periods

Utah Code § 77-40a-303
Offense Type Waiting Period Notes
Infraction 3 years Clean Slate Eligible
Class C Misdemeanor 3 years Clean Slate Eligible
Class B Misdemeanor 3 years Clean Slate Eligible after applicable period
Multiple Class B/C Misdemeanors 15 years Applies when multiple convictions are involved
Class A Misdemeanor 5 years Petition-based process required
Felony (General) 7 years Petition-based; BCI Certificate of Eligibility required
DUI / Alcohol or Drug Traffic Offense 10 years Extended Misdemeanor DUI only — see DUI section below
Felony DUI Permanently Ineligible Cannot Be Expunged Pardon only path

Offenses That Cannot Be Expunged

✕ Permanently Ineligible

These Records Cannot Be Sealed

  • Capital felonies
  • First-degree felonies
  • Violent felonies as defined under UCA 76-3-203.5
  • Felony DUI or felony driving with a controlled substance
  • Registerable sex offenses
  • Offenses resulting in serious bodily injury or death
  • Automobile homicide
⚠ Conviction Count Limits

Too Many Convictions Also Disqualifies

  • 2 or more felony convictions (non-drug possession) as separate episodes
  • 3 or more convictions including 2+ Class A misdemeanors (non-drug)
  • 3 or more felony drug possession convictions
  • 4 or more convictions including 3+ Class B misdemeanor drug possession
Exception: after 10 years without new criminal activity, certain count limits are relaxed. Consult an attorney to evaluate your specific history.

Utah’s Clean Slate Law — Automatic Expungement

Utah’s Clean Slate Act provides for automatic expungement of certain lower-level convictions without requiring a petition or BCI fee. The courts identify eligible cases and process them automatically. As of January 1, 2026, courts resumed processing after a pause from October 2024 through December 2025.

✓ Clean Slate Eligible

Automatically Cleared

  • Acquittals on all charges (automatic after 60 days)
  • Dismissals with prejudice (automatic after 180 days)
  • Class B and C misdemeanor convictions after applicable waiting period
  • Certain misdemeanor drug possession convictions
  • Infractions after the applicable period
✕ Not Clean Slate Eligible

Must Petition Separately

  • DUI convictions — not considered a traffic offense for Clean Slate purposes
  • Felony convictions of any kind
  • Pleas in abeyance dismissed after completion
  • Cases dismissed due to successful plea in abeyance
  • Cases involving a finding of insanity
  • Domestic violence related offenses
  • Registerable sex offenses and certain weapons offenses
Don’t wait for the automatic process. Even if your record may qualify for Clean Slate, the courts process cases on their own timeline — which can take years. Filing a petition-based expungement is often faster and gives you more control over the outcome and timing. Glen can evaluate which path is faster for your specific situation.

DUI Expungements — What You Need to Know

⚖ DUI Expungement Rules Are Different

Misdemeanor DUI: Eligible After 10 Years — Felony DUI: Permanently Ineligible

The Utah Legislature has imposed a significantly longer waiting period for DUI expungements than for other misdemeanors of the same class. While a standard Class B misdemeanor requires only a 3-year wait, a misdemeanor DUI conviction requires a full 10-year waiting period — measured from whichever came last: conviction, or release from incarceration, probation, or parole.

A felony DUI conviction cannot be expunged under any circumstances under the Utah Expungement Act. The only path for a felony DUI is a pardon from the Utah Board of Pardons and Parole — a separate and significantly more difficult process.

Additionally, because of the public safety concerns associated with DUI offenses, prosecutors are more likely to object to a DUI expungement petition than to other types. You must demonstrate by clear and convincing evidence that the expungement is not contrary to the public interest. Having an experienced attorney present your petition matters significantly.

DUI Expungement Eligibility at a Glance

Current Utah Law
Conviction Type Waiting Period Eligible? Clean Slate?
First DUI — Class B Misdemeanor 10 years ✓ Yes ✕ No
Second DUI — Class A Misdemeanor 10 years ✓ Yes ✕ No
Impaired Driving / Reckless Driving (alcohol-related) 10 years ✓ Yes ✕ No
Third DUI — Felony Permanently Ineligible ✕ No ✕ No
Felony DUI — Prior Felony DUI Permanently Ineligible ✕ No ✕ No
Automobile Homicide DUI Permanently Ineligible ✕ No ✕ No
The 10-year waiting period for DUI cannot be shortened. The clock does not start at the date of arrest or conviction — it starts at the date of your release from incarceration, completion of probation, or satisfaction of parole, whichever is latest. If you were on probation for 3 years after your DUI conviction, the 10-year clock does not begin until probation ends.

The Expungement Process in Utah

Utah expungements require navigating both the Bureau of Criminal Identification (BCI) and the court system. The process has strict requirements at each stage, and errors can cause significant delays. Having an attorney handle the petition correctly from the start is the most efficient approach.

1
Confirm Eligibility
Verify You Meet the Waiting Period and Conviction Count Requirements
Before filing anything, confirm that your conviction is eligible, your waiting period has passed, all fines and restitution are paid, and you have no pending criminal proceedings. Glen reviews your complete criminal history and gives you a clear, honest assessment of your eligibility before you spend time or money on the process.
2
BCI Application
Obtain a Certificate of Eligibility from the Bureau of Criminal Identification
You must apply to the Utah Bureau of Criminal Identification (BCI) for a Certificate of Eligibility before filing with the court. BCI reviews your criminal history statewide and certifies whether you meet the legal requirements. This step involves a fee and takes several weeks. The certificate is required for the court petition.
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Court Petition
File the Expungement Petition with the Court of Conviction
With the BCI certificate in hand, your attorney files the formal expungement petition in the court where your conviction occurred. The petition must include the certificate of eligibility, a proposed order, and any supporting documentation. The court then serves notice on the prosecuting agency, which has the opportunity to object.
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Prosecutor Review
The Prosecution Has the Right to Object
The prosecuting agency reviews the petition and may object — particularly for DUI convictions, where public safety concerns make objections more likely. If an objection is filed, a hearing is scheduled where your attorney argues the merits of the expungement. Glen prepares a compelling presentation demonstrating that the expungement is in the public interest and consistent with your rehabilitation.
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Court Order
The Judge Issues the Expungement Order
If no objection is filed, or after a successful hearing, the judge signs the expungement order. The order is then served on all agencies that hold records of the conviction — courts, law enforcement agencies, the BCI — directing them to seal the record from public access.
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Record Sealed
Your Record Is Sealed — Your Fresh Start Begins
Once all agencies have processed the order, the conviction is sealed from public records. For most purposes, the arrest and conviction are treated as if they never occurred. You can legally answer “no” on most background check questions and begin moving forward without your past defining your opportunities.

Ready to Clear Your Record?
Let’s Find Out If You Qualify.

Glen W. Neeley handles expungement petitions for criminal convictions and DUI cases across Utah. The consultation is free — and knowing your options costs you nothing. Call now, available 24 hours a day, 7 days a week.

(801) 645-5008 Schedule a Free Consultation

Available 24/7 · Ogden & Salt Lake City · Statewide Utah

This page is for general informational purposes only and reflects Utah expungement law as of June 2026. Expungement eligibility is highly fact-specific. The information here does not constitute legal advice. Consult a licensed Utah attorney to evaluate your specific situation. Glen W. Neeley — Utah State Bar #9963.