How long does a DUI stay on your record in Utah? The answer depends on which record you are asking about. A DUI creates two separate records in Utah: a criminal record and a Driver License Division (DMV) record. The criminal record can stay on your record permanently unless you get it expunged. The DMV record automatically disappears after a set time, but that time period depends on your offense history. Understanding the difference between these records and knowing when you can expunge a DUI is critical because a DUI on your criminal record affects employment, housing, professional licenses, and how you are treated for years.
We have represented clients facing DUI charges in Utah for decades. One thing we have learned is that many people think a DUI is permanent. It is not. Utah law provides a clear expungement path for many DUI convictions, but the timing and eligibility depend on the specific charge and your prior history.
This guide explains how long a DUI stays on your record in Utah, when you can expunge it, and how actually to get it removed.
Key Takeaways
- How long a DUI stays on your record in Utah depends on whether you are asking about the criminal record or the DMV record. They are separate systems with different timelines.
- A DUI criminal record in Utah is permanent unless you petition to have it expunged. A Class B misdemeanor DUI can typically be expunged after 10 years following completion of your sentence.
- A DUI felony (third offense within 10 years) can typically be expunged after 10 years following completion of your sentence.
- The DMV record is separate. A first DUI suspension lasts a minimum of 120 days. A second DUI suspension lasts 2 years minimum. Records at the DMV stay longer than criminal court records.
- Utah’s Clean Slate law has changed the expungement process. Some older convictions may now be eligible for automatic expungement without you filing a petition.
- An expunged DUI is removed from public criminal records. It will not show up in most background checks. However, you can still be asked about it on certain applications (law enforcement, security clearances, professional licenses).
- Removing a DUI from your record starts the process of reclaiming employment and housing opportunities that a criminal conviction blocks.
- Even a first-offense DUI that stays on your record creates significant collateral consequences: insurance rates triple, employment opportunities shrink, housing discrimination, and professional license restrictions.
Criminal Record vs. DMV Record: Two Different Systems
The critical thing to understand about how long a DUI stays on your record in Utah is that you have two records, not one.
Criminal Record
When you are convicted of DUI in court, a criminal record is created. This record is maintained by the Utah court system and becomes part of your permanent criminal history unless you expunge it.
DMV Record
When you are arrested for DUI, the Driver License Division (DMV) opens a separate administrative case. The officer reports the arrest to the DMV independent of the criminal court case. The DMV record handles driver’s license suspension and reinstatement. It is a civil administrative proceeding, not a criminal one.
These two records operate independently. You could be acquitted in criminal court but still lose your license through the DMV process. Or you could be convicted in criminal court but get your license back after serving a DMV suspension. Both processes affect how long a DUI stays on your record, but they work on different timelines.
How Long a DUI Criminal Record Stays in Utah
A DUI criminal conviction in Utah stays on your record permanently unless you expunge it.
Class B Misdemeanor DUI (First or Second Offense)
A first DUI within 10 years is charged as a Class B misdemeanor in Utah. This conviction stays on your criminal record permanently unless you petition to expunge it
A second DUI within 10 years is charged as a Class A misdemeanor in Utah. This conviction stays on your criminal record permanently unless you petition to expunge it.
When you can expunge it: After 10 years following completion of your sentence, you become eligible to petition the court to expunge the conviction. This means 10 years after you finish probation, complete any jail time, pay fines, and satisfy all court-ordered conditions.
Third-Degree Felony DUI (Third Offense Within 10 Years)
A third DUI within 10 years is charged as a third-degree felony. A felony conviction is more serious and stays on your record longer.
When you can expunge it: After 10 years following completion of your sentence, you become eligible to petition the court to expunge the conviction.
Aggravated DUI (Felony With Injury or Death)
If your DUI resulted in serious bodily injury or death to another person, the charge may be elevated to a third-degree felony.
Expungement eligibility: These cases are more complex. Some may be expungeable after 10 years; others may not be expungeable at all. Consult an attorney about your specific situation.
Utah’s Clean Slate Law: Automatic Expungement
Recent changes to Utah’s expungement law have expanded the cases eligible for automatic expungement. Some older convictions may now be eligible without you filing a petition.
How it works: For certain Class B misdemeanor DUI convictions, if you have met the waiting period (typically 5 years) and have no additional criminal charges since, the conviction may be automatically expunged without you taking any action.
The catch: Automatic expungement only applies to cases meeting specific criteria. Not all DUI convictions qualify. An attorney can review your record and tell you whether your conviction is eligible for automatic expungement or whether you need to file a petition yourself.
How Long a DUI Stays on Your DMV Record
The DMV record is separate from the criminal record and operates on its own timeline.
First DUI Suspension
A first DUI results in a 120-day minimum license suspension. After this suspension period, you can apply for reinstatement at the DMV.
How long it stays on the DMV record: The suspension itself lasts only 120 days. However, the arrest and the reason for suspension stay in the DMV system. An insurance company or employer checking your driving record will see the DUI for a longer period (typically 3 to 10 years depending on the source).
Second DUI Suspension
A second DUI within 10 years results in a 2-year minimum license suspension.
How long it stays on the DMV record: After 2 years, you can apply for reinstatement. However, the record of the arrest and suspension stays in the system for an even longer period.
Third DUI (Felony)
A third DUI within 10 years may result in an indefinite license suspension until the criminal court case is resolved.
Consequences of a DUI Staying on Your Record
Understanding how long a DUI stays on your record matters because the consequences are real and lasting.
Employment
A DUI conviction on your criminal record is visible to employers running background checks. Many employers have policies against hiring anyone with a DUI conviction, especially for jobs requiring a driver’s license, working with vulnerable populations, or positions of trust. This is why criminal defense representation during your case can sometimes reduce charges or negotiate outcomes that protect your employment prospects.
Housing
Landlords routinely run criminal background checks. A DUI conviction gives them grounds to reject your rental application.
Insurance
Even a first-offense DUI can cause your auto insurance rates to triple or quadruple. Some insurers will not insure you at all. The DUI stays on your driving record for 10 years with most insurance companies.
Professional Licenses
If you hold a professional license (nursing, teaching, law, accounting), a DUI conviction can trigger license suspension, revocation, or disciplinary proceedings.
Loan and Credit Applications
Some lenders treat a DUI conviction as a mark against creditworthiness, though this is less consistent than employment and housing discrimination.
How to Remove a DUI From Your Record
The process of removing a DUI from your record starts with understanding whether your specific conviction is eligible for expungement. This is where a criminal defense attorney can help guide you through the steps.
- Step 1: Determine Eligibility. Not every DUI is expungeable. Your attorney reviews your conviction, sentence, and current record to see if you meet the criteria.
- Step 2: File a Petition. If eligible, your attorney files a petition with the court asking for expungement of the conviction.
- Step 3: Court Review. The court reviews your petition and, in most DUI cases, grants it if you have met the waiting period and have no new convictions.
- Step 4: Expungement. Once the court signs the order, the conviction is removed from public criminal records. Law enforcement agencies receive notice, and the record is sealed.
- Step 5: Restoration. After expungement, you can legally answer “no” on most job applications when asked if you have a criminal conviction. There are narrow exceptions (law enforcement, security clearances, certain professional licenses).
Why Utah DUI Records Matter More Than in Other States
Utah’s DUI laws are among the strictest in the nation. The state uses a 0.05% blood alcohol content (BAC) threshold instead of the federal 0.08% standard. This means you can be arrested for DUI at a lower alcohol level than in other states.
Because Utah prosecutes DUI aggressively, a DUI conviction in Utah stays on your record and follows you. Removing it through expungement becomes even more important.
Do You Need an Attorney to Expunge a DUI?
Technically, you can file an expungement petition yourself. Practically, an attorney makes the process far simpler and more likely to succeed.
An attorney will:
- Verify your eligibility based on your specific conviction and sentence
- Prepare the petition correctly so it is not rejected on technicalities
- Represent you at any court hearing if one is required
- Follow up with the court and law enforcement to ensure the expungement is actually processed
- Answer questions about what “expunged” actually means for your specific situation
Do you need a DUI attorney for a first offense? The same reasoning applies to expungement. The cost of hiring an attorney is far less than the cost of having a DUI stay on your record and affect your employment and housing prospects for years.
Frequently Asked Questions About DUI Records in Utah
How long does a DUI stay on your record in Utah?
A DUI criminal conviction stays permanently on your record unless you expunge it. A Class B misdemeanor DUI becomes eligible for expungement 5 years after completion of your sentence. A felony DUI becomes eligible after 10 years.
Can I get a DUI expunged in Utah?
Most DUI convictions can be expunged after the applicable waiting period (5 years for a misdemeanor, 10 years for a felony). Some convictions involving injury or death may have limitations. Consult an attorney about your specific situation.
How long does a DUI show up on a background check?
After expungement, a DUI should not show up on most background checks. However, certain employers (law enforcement, military, security clearances) and professional licensing boards can still see expunged convictions. The records are sealed from public view but available to authorized agencies.
How much does it cost to expunge a DUI in Utah?
Attorney fees for expungement vary. Court filing fees are typically $100-$300. Total cost (attorney plus court fees) usually ranges from $500-$1,500. This is significantly less than the years of lost employment opportunities a permanent DUI record causes.
Can I expunge a DUI felony in Utah?
Yes, but it takes longer. A felony DUI becomes eligible for expungement 10 years after completion of your sentence. After that time, you can petition the court.
How does Utah’s Clean Slate law affect DUI expungement?
Utah’s Clean Slate law allows certain convictions to be automatically expunged without you filing a petition. Some older DUI convictions may now be automatically expunged. An attorney can check if your conviction qualifies.
If my DUI is expunged, do I have to disclose it on job applications?
For most jobs, no. After expungement, you can answer “no” when asked about criminal convictions. However, for law enforcement positions, government jobs requiring security clearance, or professional licensing applications, you may still be required to disclose expunged convictions. The requirements vary by employer and position.
Will an expunged DUI affect my driver’s license?
No. Expungement of the criminal conviction is separate from the DMV record. Your license suspension and DMV record operate independently. However, an expunged DUI may still affect your insurance rates for several years.
Get Your DUI Record Expunged
How long does a DUI stay on your record in Utah? As long as you let it. If your conviction is eligible for expungement, there is no reason to let a DUI follow you around for life.
Contact us for a consultation about your specific DUI conviction and whether you qualify for expungement. We can review your record, tell you exactly when you become eligible, and guide you through the expungement process.
Carl Anderson, our DUI specialist, has handled hundreds of DUI cases in Utah courts. He knows the expungement process and can get your record expunged so you can move forward.