For example i have a Class C that im eligible to expunge, but also have a DUI that i would have to wait alot longer for, can i apply to expunge the Class C now and then apply for the DUI down the road? or if i apply now i would have to live with a DUI on my record for the rest of my life
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3 lawyers agree
DUI / DWI Attorney
It has been my experience that a certificate of eligibility will not be issued by the Bureau of Criminal Identification unless you qualify in all aspects. 77-40-105 governs eligibility. The statute talks about individual charges being expunged. However, from experience, they will not issue the certificate of eligibility on single charges. Part of the language I think they rely upon is " (c) the following time periods have elapsed from the date the petitioner was convicted or released from incarceration, parole, or probation, whichever occurred last, for each conviction the petitioner seeks to expunge:
(i) 10 years in the case of a misdemeanor conviction of Subsection 41-6a-501(2) or a felony conviction of Subsection 58-37-8(2)(g);"
The best way to pursue the most accurate answer would be to contact BCI.
Criminal Defense Attorney
I believe you should be eligible to expunge the C now and the DUI later, if those are your only convictions. There is no limit in the statute on how often you can apply. Mr. Neeley might be right in that the BCI sometimes wouldn't issue a certificate in your circumstance, but if that's the case I think BCI is wrong (and could be challenged on it). As the statute says, the wait period applies to the conviction "the petitioner seeks to expunge."
In Utah you can not expunge more than 2 offenses if one of them is a felony. If you do not have any current pending charges and are not currently on probation or parole, Utah law (Utah Code Annotated sections 77-18-10, 77-18-11, & 77-18-12) will allow you to have your convictions expunged, but you will have to expunge the last one first, then you can expunge the first one. Most of the time, felonies can be expunged seven years after the completion of your sentence, and some misdemeanors can be expunged only three years after the completion of your sentence.
If you would like a reduced conviction, Utah law section 76-3-402(2) allows you to have your conviction reduced by up to two degrees in class. This means a felony could be reduced to a class A misdemeanor. A reduction can restore rights automatically, which can help if one is looking to possess a firearm.
If you want to discuss this, please call my office.
This is not legal advice and I am not your attorney until you retain my office. Always consult with an attorney in your area before acting on anything you read on the internet.