DUIs are incredibly common in Utah, and at Rasa, we’ve helped many clients expunge this type of offense. In 2022 alone, there were 10,413 DUI arrests in Utah. DUIs come with heavy penalties, like hefty fines, license suspension, and even jail time. Perhaps the toughest consequence that people don’t realize is that a DUI shows up on background checks and stays on your criminal record for the rest of your life, unless you go through the expungement process.
At Rasa, we believe that after you have served your sentence and made it through the waiting period, you should be able to move forward with a clean slate. We specialize in record expungement, and we’re here to make it easy and affordable for you.
Once your record is expunged, you no longer need to check the box to disclose you have been convicted of a crime. All the opportunities that are shut down by having a record, can open up again.
But first things first, let’s take a look at the DUI expungement process and what it takes to get your record cleared.
Can You Get a DUI Expunged?
Yes, most misdemeanor DUIs can be expunged in Utah, with a few exceptions.
While Utah’s Clean Slate law applies to most misdemeanor B level offenses, DUIs are not part of Utah’s clean slate law, and are not eligible for automatic clearance. While they are eligible for expungement, a person must go through the court-based process to clear them.
There are several types of DUI charges in Utah, and the penalties vary depending on a variety of factors, such as whether there was an accident, what your Blood Alcohol Content (BAC) was at the time of arrest, and whether or not it was your first offense.
Most first-offense DUIs in Utah are classified as class B misdemeanors. There are a few factors that could bump it up to a class A misdemeanor, like if there were children in your vehicle, or if someone was injured. Both class A and class B DUI misdemeanors are typically eligible for expungement, so long as a court determines that it is in the public interest to expunge the record.
Expungement eligibility can get super complicated when you have multiple convictions for different offenses. For example, if you have 3 criminal class B misdemeanors plus one other criminal conviction of any type, you won’t be eligible to clear your record, unless any of the convictions involve a drug possession offense, then expungement might be an option, but … see? Complicated.
The easiest way to find out whether your DUI (or any other Utah records) is eligible for expungement is to use Rasa’s online eligibility tool. It only takes about 3 minutes to find out whether or not your DUI or any other Utah offense is eligible.
Are Felony DUI Convictions Eligible for Expungement?
In some cases, such as when an accident is involved and results in serious injury or death, or if you have a prior felony DUI conviction, or more than two DUIs in the last 10 years, the charge could be escalated to a third degree DUI felony. Felonies can have very different implications than misdemeanors for background checks.
The bad news is that in Utah, felony DUI convictions are not eligible for expungement. The good news is that some felony DUI convictions can be reduced to misdemeanors through a 402 reduction, which is a separate process from expungement that can make eligibility for expungement more likely. If a 402 reduction isn’t an option, you will need to go through the Utah pardon process.
Don’t give up hope! No matter how difficult this process may seem, we’re here to make it easy. Schedule a free, no-obligation consultation with Rasa to discuss your options and at least see what it will take to break free from your record and have a fresh start.
When Is a DUI Eligible for Expungement?
One of the biggest roadblocks to DUI expungement is the waiting period. In most DUI cases, you have to wait 10 years after you successfully complete probation or parole for your record to become eligible for expungement.
Note that the wait time before a DUI can be eligible for expungement tends to be longer than other crimes of the same class. For example, most class B misdemeanors have a 4-year waiting period, but class B DUI misdemeanors have a 10-year waiting period before they are eligible for expungement.
Feeling lost in all these details? The expungement process can be complicated, but Rasa specializes in this work and we are here to make it easy.
How Long Does it Take To Get a DUI Expunged?
Using Rasa is one of the quickest, stress-free ways to complete your expungement because we have streamlined the process and use advanced technology to expedite the steps that take other firms much longer to complete. Expungement is our specialty, and we know how to work quickly for you. However, obtaining a BCI certificate takes three to four months, no matter what attorney helps you with the process.
There is no way to expedite the government’s processing of expungement cases. Our best advice is to keep an eye on your wait time and to get started as soon as possible - don’t wait until your record becomes a barrier to moving forward.
Most of the time it takes for expungement is spent waiting for the government to process your application. While no one can speed up the government, Rasa makes every other part of the process quick and easy. In less than 3 minutes, our eligibility screening tool provides a quick snapshot of your records, along with their eligibility for expungement. We also use our advanced software tools to expedite the process of preparing and filing the documents needed for the expungement process.
Here’s a breakdown of the steps it takes to expunge a DUI record:
…And keep in mind that Rasa is here to take on the work for you.
How Much Does it Cost to Get a DUI Expunged?
If your DUI is eligible for expungement, most lawyers will charge you between $1,500 to $3,000 to clear your criminal record. Rasa can represent you for just $250 per case (not including government fees).
Do You Need an Attorney to Get a DUI Expunged?
No, an attorney is not mandatory to expunge your criminal record, but here are a few benefits to hiring a professional:
- Expertise
- Timing
- Less Stress
- Higher Chance of Success
Eligibility depends on a wide range of factors and can be complex to figure out. To make it easier, Rasa has developed sophisticated software that streamlines the process, saving a lot of time and effort. Hiring a professional will save you time and give you peace of mind that your case is on the right track, and Rasa’s team of experienced expungement lawyers will walk you through each step of the process and keep you informed every step of the way.
Who Can See Expunged Records?
With very few statutory exceptions, no one can access sealed or expunged records without a court order. You also have the legal right to check “no” when asked about a criminal record on housing, employment, and other applications.
News or other published accounts of an arrest or conviction are not affected.
Having a DUI on your record can be tough, but it doesn’t have to be a life sentence. Get that awful feeling off your back so you can move forward, and get your record expunged.
