Can a DUI be expunged in Utah?

Whether a DUI can be cleared at all

A misdemeanor DUI conviction under Utah Code Section 41-6a-501(2) can be expunged, but only after a 10-year wait, the longest waiting period in the statute. A felony DUI conviction described in Section 41-6a-501(2) is on the list of convictions the Bureau of Criminal Identification may not issue a certificate of eligibility for, and the Bureau lists 'Felony DUI alcohol/drugs' among its reasons for denial. Eligibility also depends on all fines, interest and restitution being paid and on the total number of convictions in the person's history.

“(c) the following time periods have passed after the day on which the petitioner was convicted or released from incarceration, parole, or probation, whichever occurred last, for the conviction that the petitioner seeks to expunge: (i) 10 years for the conviction of a misdemeanor under Subsection”

The driving record is a separate record

This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.

Not addressed on the official pages read. No Driver License Division page addresses what happens to the driver record after a criminal expungement. The Division does state that on a motor vehicle record most information is displayed for three years while DUI or drug-related charges are displayed for 10 years. Utah Code Section 77-40a-401(7)(d) also provides that an expungement order may not prevent an agency from maintaining, sharing, or distributing any record required by law.

“(7) An expungement order may not: ... (d) prevent an agency from maintaining, sharing, or distributing any record required by law.”

What else sits on that record: suspensions and points in Utah.

How long the wait is, and from when

Utah Code Section 77-40a-303(1)(c) measures the wait from the day the petitioner was convicted or released from incarceration, parole, or probation, whichever occurred last. A misdemeanor DUI carries 10 years, against seven years for an eligible felony, five for a class A misdemeanor, four for a class B and three for a class C or infraction. For an arrest that produced no conviction, Section 77-40a-302 sets much shorter periods: at least 30 days after arrest or charge, or 180 days after a charge is dismissed without prejudice.

“(i) 10 years for the conviction of a misdemeanor under Subsection 41-6a-501(2); (ii) 10 years for the conviction of a felony for operating a motor vehicle with any amount of a controlled substance in an individual's body and causing serious bodily injury or death”

Automatic or by petition

Utah runs a Clean Slate automatic expungement program alongside petition-based expungement. Under Utah Code Section 77-40a-204, courts began automatically expunging identified eligible cases without any form on January 1, 2026, after a transitional period from October 1, 2024 in which the individual had to submit a form. DUI is carved out: Section 77-40a-205(3)(f)(vi) makes a case ineligible for automatic expungement if it resulted in a plea in abeyance or a conviction for an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving. A DUI therefore has to go through the petition route.

“(f) the case resulted in a plea held in abeyance or a conviction for the following offenses: ... (vi) an offense in violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving”

Where it is filed, and what it costs

Utah Code Section 77-40a-301 requires the individual to apply to the Bureau of Criminal Identification for a certificate of eligibility, pay the application and issuance fees, and then file a petition for expungement with the court under Section 77-40a-305. The Bureau states there is a $65 application fee due when the application is submitted and, if the person is found eligible, a further $65 for each case certificate; no fee is charged for certificates covering dismissals, acquittals or declinations, and the court charges its own filing fee. A fee waiver for the certificate and court fees is obtained from the court. The application requires valid identification and fingerprints.

“To start the process, there is a $65 application fee that must be paid at time when you submit the application. Upon review, if you are eligible for certificate(s), a $65 fee will be charged to each case (conviction, plea in abeyance, and special certificates).”

Whether a cleared DUI still counts as a prior

Utah Code Section 77-40a-403(5) states that a prosecuting attorney may not use an expunged record to enhance a sentence or as the basis for a charge requiring a prior conviction, except that under Subsection (7) a prosecutor may petition to open the expunged record on a showing of good cause when the person is later charged with a felony or an enhanceable offense. Utah's DUI enhancement itself turns on a prior conviction within 10 years, the same period as the expungement wait.

“(5) Except as provided in Subsection (7), a prosecuting attorney may not use an expunged record for the purpose of a sentencing enhancement or as a basis for charging an individual with an offense that requires a prior conviction.”

The statute: Utah Code § 77-40a-303

“77-40a-303. Requirements for a certificate of eligibility to expunge records of a conviction. (1) Except as otherwise provided by this section, a petitioner is eligible to receive a certificate of eligibility from the bureau to expunge the records of a conviction if:”