If I was convicted of misdemeanor DUI 17 years ago, is there any way to get it expunged from my record?

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If I was convicted of misdemeanor DUI 17 years ago, is there any way to get it expunged from my record?

Asked on January 11, 2012 under Criminal Law, Indiana

Answers:

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

 

Yes, in Utah, like most states, there is a certain amount of time that most elapse before an individual is eligible to expunge their record.  In Utah, a person is eligible to expunge a DUI ten years after the date of conviction.

First, you (the petitioner) must apply to the bureau (Bureau of Criminal Identification of the Department of Public Safety) for a certificae of eligibility for expungement and pay the application fee established by the department;

Second, once the eligibility process is complete, the bureau shall notify the petitioner;

Third, If the petitioner is qualified to receive a certificate of eligibility for expungement, the petitioner shall pay the issuance fee established by the department;

Fourth, The petitioner shall file the certificate of eligiility with a petition for expungement in the court in which the proceedings occurred. If there were no court proceedings, the petition may be filed in the district court where the arrest occured;

Fifth, the petitioner shall deliver a copy of the petition and certificate to the prosecutorial office that handled the court proceedings. If there were no court proceedings, the copy of the petition and certificate shall be delivered to the county attorney's office in the jurisdiction where the arrest occured;

Sixth, If an objection to the petition is filed by the prosecutor, a hearing shall be set by the court;

Seventh, If the court requests a response, the peitioner may file a written reply to the response within 15 days of receipt of the response;

Eighth, An expungement may be granted without a hearing if no objection is received; and

Lastly, Upon receipt of an order of exungement, the petitioner shall deliver copies to all government agencies is possession of records relating to the expunged matter.

Hope this helps.


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