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Roger, Lawyer
Category: Criminal Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I want to expunge my record but I have two DUIs. They are

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I want to expunge my record but I have two DUI's. They are class B misdemeanors. Since DUI's are an enhanceable offense within 10 years, am I not allowed to expunge DUI's before 10 years?
Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question. I'll try to answer any questions you have regarding this matter.

You are exactly right in your understanding of the law.

Most Utah misdemeanor charges can be expunged after 3-5 years, BUT a misdemeanor DUI charge cannot be expunged until 10 years after you complete probation or a jail sentence (as you referred to in your question, this 10-year period corresponds with the 10-year enhancement period for DUI charges).

Thus, you would have to wait at least 10 years before you could apply for an expungement.
Customer: replied 3 years ago.

Thank you. Do you mind showing me where you got your info?

Sure. Here's the link to the Utah Court System's website:

About 1/3 down the page, there's a chart that discusses expungement of DUI's (41-6a-501(2)), and notes the 10 year waiting period.
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