How to Get a DUI Expunged in Utah

Anyone who has received a DUI knows how difficult it can be on your career. Employers are less likely to take a chance on hiring an employee with a DUI on their criminal record, even if the charge occurred years before. Even if your job is not affected, at the very least a DUI will damage your reputation, and could result in having your driving privileges revoked, not to mention jail time.

Here at Kelly Cardon & Associates, we believe everyone deserves a second chance. One mistake shouldn’t damage your life forever. This is why we are one of the leading DUI defense and criminal defense lawyers in Utah. We can help you get your DUI expunged, or file a 402 motion for you to get your charges reduced.

DUI Expungement in Utah

There are two legal processes we can go through with you to help improve your DUI situation. One of these processes is expungement. The DUI expungement process in Utah will not change your criminal history, however, getting a DUI expunged from your criminal record will make sure the criminal case is sealed, meaning it is not available to the public.

Having a DUI expunged in Utah can have many long term benefits. For example, once your DUI has been expunged, potential employers will not know about it, lessening the damage to your professional career. There are certain DUI cases that cannot be expunged, however. Some of these cases are:

  • Automobile homicide
  • Felony DUI
  • Pending criminal case

Before filing a petition to expunge your criminal case from your records, you must obtain a Certificate of Eligibility from the Bureau of Criminal Identification. They will perform a records check to determine whether or not you are eligible to have your DUI expunged from your records. This can be a time-extensive process and can take up to 90 days to complete.

Once you receive your Certificate of Eligibility, you must petition for expungement immediately with the certificate attached. The remaining steps of the expungement process depend greatly on variables about the criminal case. In the end, however, the court will either determine the petition and certificate as sufficient evidence to expunge your DUI or deny your request.

402 Motion in Utah

In addition to expungement, we can also file a 402 motion on your behalf to get your criminal conviction reduced. In order for your DUI charge to be reduced, you must follow through with the court mandated requirements, like probation and paying fees. Additionally, in order to successfully obtain a 402 motion in Utah, you must show that doing so is in the best interest of justice.

This is not a simple process, and the court might look at variables like subsequent criminal charges, or your behavior after your probation period has ended.

DUI Assistance in Utah

If you have been convicted of a DUI and wish to file a 402 motion or try and get the criminal charge expunged from your record, we can help. Contact our Ogden, Utah office here or call us at 801.627.1110 if you’re in Northern Utah or 801.328.1110 if you’re in the greater Salt Lake City area.