Can You Expunge a DUI in Utah?
General information, not legal advice. Read the full disclaimer.
Short answer: Under Utah Code § 77-40a-303, a misdemeanor DUI conviction (§ 41-6a-501(2)) requires a 10-year waiting period before you can get a certificate of eligibility for a petition-based expungement. A felony DUI conviction described in § 41-6a-501(2) is not eligible for expungement. DUI is also excluded from the automatic Clean Slate track. Even when the waiting period is met, the bureau limits the number of convictions on your record, and a judge must grant the petition.
Who this guide is for
Anyone with a Utah DUI conviction trying to understand whether, and when, it could be expunged. This is general information, not legal advice; the statute was amended in 2026.
The 10-year waiting period (misdemeanor DUI)
The 10 years is measured from the day you were convicted or released from incarceration, parole or probation, whichever happened last, and you must have paid all fines, interest and restitution. By comparison, a class A misdemeanor generally requires 5 years, a class B 4 years and a class C or infraction 3 years. See Utah Expungement Eligibility.
Felony DUI is not eligible
The statute lists "a felony conviction described in Subsection 41-6a-501(2)" among the convictions that cannot receive a certificate of eligibility (§ 77-40a-303(2)(a)(iv)). A separate 10-year category applies to an older felony for driving with a controlled substance in your body that caused serious bodily injury or death, as codified before May 2022.
No automatic expungement for DUI
The automatic Clean Slate track excludes convictions under the DUI and reckless driving part of the traffic code (§ 77-40a-205(3)(f)(vi)). A DUI will never be cleared automatically; you must petition. See How to Expunge a Criminal Record in Utah.
Limits on your total record
Even with a DUI that meets the waiting period, the bureau looks at your overall history and will deny a certificate if, for example, you have five or more convictions (outside the drug possession rules) or two or more felony convictions, among other combinations. After 10 years, some limits loosen. Details are in Utah Expungement Eligibility.
Prosecutors and judges
After the bureau issues a certificate, you file a petition and the prosecuting attorney may respond; the judge decides whether to grant it. DUI petitions can draw objections, so be prepared to explain how you've changed. Consider a consultation.
What to do
- Compute your waiting period from conviction or release, whichever is last.
- Pay all fines and restitution first.
- Apply for a BCI certificate of eligibility for a definitive answer. See Utah Certificate of Eligibility: How to Apply.
- Consider legal help. See How to Find Free or Low-Cost Legal Help in Utah.
- Understand the original case: Utah DUI Penalties.
Frequently asked questions
Does a DUI ever qualify for automatic Clean Slate expungement?
No. DUI offenses are excluded from the automatic track.
Is a felony DUI eligible?
Not for expungement under § 77-40a-303(2)(a)(iv).
Is a pardon an alternative?
See Utah Pardons vs. Expungement; a pardon is a separate and demanding process.
Does a DUI affect my license record after expungement?
Driver License Division and insurance records follow their own rules; ask the Division.