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EXPUNGEMENT FAQs

How much does expungement cost?

In most cases, we charge only a $250 attorney fee to obtain an order from the court expunging a client's record. This price does not include the filing fee charged by the court ($135-150) and the fee charged by the Utah Bureau of Criminal Information to obtain a certificate of eligibility ($65-130). You may also need to pay a fingerprinting business $40 to have your fingerprints taken so that we may obtain a Certificate of Eligibility. Most often the total cost to expunge your record with Fair Price Lawyers, including the attorney fee and government fees, is only $555. Compare this total cost to that of our competitors. We get records expunged for less.

We also offer interest fees payments. We will get started on your case for only $50 down.

What does expungement mean?

Expunging a criminal record means that the court orders that the records regarding a case be sealed, including:

  • arrest records
  • police investigation records
  • jail records
  • court records

A sealed record cannot be disclosed to the public, including background check companies and employers. A person who has had their record expunged can legally (in most cases) tell people, including employers, that they have not been arrested or convicted. (See Utah Code section 77-40-108(2)). And, government agencies (in most cases) cannot disclose anything about a sealed record, including its existence, and must respond to any background check as though the arrest or conviction never occurred. Please note that although they cannot disclose the record to the public, certain state and federal agencies may make a special request for access to the record, such as the Utah Board of Pardons and Parole, Department of Public Safety, and State Board of Education.

Call Fair Price Lawyers today at 1 (800) 569-7110 so we can determine whether you are eligible to have your record expunged.

Why have a record expunged?

Having records of arrests and convictions expunged will help you in the following ways:

  • The arrest/conviction will not appear on a background check
  • You can tell potential employers (in most cases) that you have not been arrested/convicted
  • You may become eligible for more types of professional licenses and certificates
  • You may become eligible for more/better student loans
  • You may become eligible for more/better housing assistance and opportunities

When can a record be expunged if I was not convicted?

Records regarding an arrest, criminal investigation, and jail detention that did not result in a conviction, can be expunged if:

  • at least 30 days have passed since the arrest;
  • there are no criminal cases pending; and
  • one of the following occurred:
    • charges were filed, but the case was dismissed with prejudice;
    • charges were filed, but the case was dismissed without prejudice but the prosecutor consents to expungement, or 180 days have passed since the charges were dismissed or the person was acquitted at trial; or
    • the statute of limitations has expired.

Call Fair Price Lawyers today at 1 (800) 569-7110 to discuss your eligibility for expungement.

When can a record be expunged if I was convicted?

Note: If you entered what's called a "plea in abeyance" to have your case dismissed after completion of certain requirements, then refer to the previous section.

We recommend that you call our office at 1 (800) 569-7110 so we can determine whether you are eligible to have your record expunged.

A person becomes eligible (in most cases) to have their record expunged when the following number of years has passed since either their conviction or release from incarceration, parole or probation, whichever is later:

Offense Time
Traffic Offense 3 years
Other Infraction 3 years
Class C Misdemeanor 3 years
Class B Misdemeanor 4 years
Class C Misdemeanor 5 years
Felony Drug Possession 5 years
Other Felony 7 years
DUI (Misdemeanor) 10 years
Some Drug Felonies 10 years

However, some conviction records cannot be expunged because of the type of crime involved, these include:

  • Felony DUI
  • First Degree Felony
  • Violent Felony
  • Automobile Homicide
  • Registrable Sex Offenses
  • Registrable Child Abuse Offenses
  • Capital Crimes

You may also not qualify to have your record expunged under the following circumstances:

  • You have pending criminal charges.
  • You still owe fines/fees to the court in the case you wish to expunge.
  • You still owe restitution in the case you wish to expunge.
  • You have two or more felony convictions, each of which stems from a separate incident.*
  • You have three or more convictions, two of which are at least Class A Misdemeanors, and each stems from a separate incident.*
  • You have four or more convictions, three of which are at least Class B Misdemeanors, and each stems from a separate incident.*
  • You have five or more convictions of any degree, whether misdemeanor or felony, excluding traffic offenses and infractions, and each stems from a separate incident.*
  • You have three or more felony convictions for drug possession or five or more convictions of any degree for drug possession and each stems from a separate incident.

Please note, traffic offenses, infractions and minor regulatory offenses are not counted in determining expungement eligibility. Under the above-listed circumstances, the Utah Bureau of Criminal Identification will not approve your expungement request and will not issue what's called a "Certificate of Eligibility". Don't lose hope though. We can still request an order for expungement from the Utah Board of Pardons and Parole or from the court under certain circumstances if you were convicted of marijuana possession. Call our office to discuss these options.

*If at least 10 years has passed since you were convicted or released from incarceration, parole or probation, whichever occurred last, for all convictions, then each eligibility limit is increased by one. For example, if you have two felony convictions but 10 years has passed since your were released from probation, then you would be eligible to expunge both convictions.

What's the expungement process?

The process starts with calling our office at (435) 777-3304. Our attorneys and staff are ready to answer your questions and begin the process of expunging your record. We can tell you over the phone whether you are eligible to have your record expunged and the total cost including attorney's fees and government fees. The total cost is usually $555.00 at Fair Price Lawyers. Other law firms charge a lot more.

Once you hire Fair Price Lawyers to expunge your record, we start the process immediately by sending you a packet with a short questionnaire (to get information about the record(s) you want to expunge), some required forms, a fingerprint card, and a USPS return shipping label. This packet will also include a detailed list of instructions, but you can always call or email our office if you need assistance. Once we receive these documents, we will immediately request a certificate of eligibility from the Utah Bureau of Criminal Identification (BCI). Once we receive a certificate of eligibility from the BCI, we will file a petition requesting the court expunge your record. We do everything possible to speed up the expungement process. During the process we provide you secure access to your account so you can check the status of your case 24/7. You can also always call or email us for an update as well.

Next, we will send you proof that your record has been expunged. After we obtain a court order expunging your record, we will send certified copies of the order to all the law enforcement agencies and courts listed in your petition. Upon receiving the order, these agencies and courts will send our office a letter confirming they have expunged the record. Next, we will send you a second packet which will include a certified copy of the expungement order and all the confirming letters. Congratulations your record has been sealed!

Will I have to go to court?

No (in most cases), we will go to court for you. If a court appearance is necessary, then we will request the court excuse your presence from the hearing or allow you to appear telephonically. Courts usually agree to do this.

How long will the process take?

Usually, the expungement process takes 3-6 months, depending on how busy are the courts and government agencies involved. We will do everything possible to speed up the process.

What about background checks?

Once a record has been expunged, the record cannot be released to the public, including background check companies. It can only be released (in veery limited circumstances) to certain state and federal agencies, such as the Utah Board of Pardons and Parole, Department of Public Safety, and State Board of Education. This means it should not appear on background checks. After your record has been expunged, Fair Price Lawyers sends the court's expungement order to the major background check companies and websites requesting removal of any trace of the record.

Call Fair Price Lawyers today: 1 (800) 569-7110

Joshua R. Lucherini, Esq.

Joshua Lucherini's Profile Image
For over 10 years, I have been helping clients achieve their goals. During that time, I have represented over 1,400 clients in the areas of family law and personal injury. I believe that the practice of law is a customer service business. The highest compliment a client can give me is to refer me their friends and family after a job well done.

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