Living with a criminal record is a burden that can impact various aspects of a person’s professional and personal life. A criminal record may keep you from obtaining your dream job or could limit your options when it comes to seeking housing. The expungement of an arrest or conviction could change your life for the better. If you or a family member wish to get a criminal record expunged, contact an experienced Salt Lake City criminal expungement lawyer today.
At Overson & Bugden, we recognize the many complications that accompany life with a criminal record, and we are here to help you pursue a record expungement that will open up a world of opportunities. To schedule a free legal consultation, contact Overson & Bugden, at (801) 758-2287, or contact us online.
Costs of Expunging a Criminal Record
Pursing a criminal record expungement can be a rewarding but also expensive experience. It is also important to be aware of the requirements and limitations when trying to expunge a record. Depending on a person’s goals, the expungement process and expenses associated with the process may vary.
There are costs associated with expunging a criminal record before a person can even begin to apply for an expungement. Specifically, a defendant that was convicted of a crime must first pay all penalties associated with that offense. For example, if a defendant was convicted of a third degree felony in Salt Lake City and was sentenced to pay $5,000 in criminal fines and other fees, the defendant cannot begin the expungement process until that penalty is paid in full.
To start the criminal record expungement process, a defendant must apply for a “Certificate of Eligibility” from Utah’s Bureau of Criminal Identification (BCI). The BCI states that the application fee for requesting a certificate will cost $65.00.
Additionally, if the BCI determines that you are eligible to receive a certificate, there will be an additional $65.00 fee charged for each conviction that a person wishes to expunge. If a defendant’s case were dismissed or acquitted, the additional $65.00 fee would not apply. However, additional expenses for record expungement may vary depending on the court handling your expungement.
In total, filing for an expungement for a crime or multiple crimes can cost a person a few hundred dollars. An experienced attorney can help you determine exact totals depending on the circumstances of your case and the court’s requirements.
Eligibility for Expunging a Criminal Record
In Utah, it is possible to expunge an arrest record and a criminal conviction record. There are also different conditions for filing each type of expungement.
Individuals that were arrested may be eligible to request an expungement for the records of arrest, investigation, and even the records of detention after an arrest. However, a person seeking an expungement of an arrest record must wait at least 30 days after the arrest and must not have any open criminal cases. Additionally, one of the following must be true:
- No criminal charges were filed
- The charges filed against a person was dismissed with prejudice (cannot refile)
- The charges filed were dismissed without prejudice (may also need to wait 180 days or obtain consent from prosecutor)
- The charges filed were acquitted at trial
- The statute of limitations prevents the charges from being filed
Crimes That May Be Expunged from a Criminal Record in Utah
When attempting to expunge a criminal conviction record, it is important to remember that not all convictions can be expunged. The following convictions cannot be expunged unless a defendant received a pardon for the crime:
- Capital felonies, first degree felonies, and violent felonies
- Felony vehicular homicide
- Felony driving under the influence (DUI) offenses
- Registrable sex crimes
- Registrable child abuse crimes
Similar to the requirements for expunging an arrest record, a person cannot expunge a conviction for any crime if they have a pending criminal case. Other conditions that may bar an expungement include:
- Falsifying information for an expungement petition
- Convictions for two or more felonies
- At least two convictions of a class A misdemeanor out of three criminal convictions
- At least three convictions of a class B misdemeanor out of four criminal convictions
- Five or more convictions for drug possession
This is not an exhaustive list. There are other circumstances where a person could be barred from filing for an expungement. You should waste no time in speaking with an experienced attorney if you need more guidance to expunge a criminal record.
Our Experienced Salt Lake City Expungement Attorney is Here for You
If you were arrested or convicted of a crime and you seek an expungement, you should consult with an experienced Salt Lake City criminal defense lawyer. Criminal defense attorney Darwin Overson has nearly 20 years of legal experience, and he would be pleased to use this knowledge to help you pursue an expungement for your criminal record. To schedule a free case evaluation, contact Overson & Bugden, at (801) 758-2287.
