Am I Eligible for an Expungement?
Eligibility for Expungements
The first part of answering this question is answering a more general question: what does “expunged” mean? The basic answer to this is getting a record cleared off to the point where seeking employment can be easier for a convicted individual. If your record is expunged, when a potential employer asks you if you have ever been convicted of a crime you can say “no.” The employer could go to the BCI (Bureau of Criminal Identification) and run a background check on you and the results would come back as a clean record.
However, getting an expungement does not mean it is forever off your criminal record. If you are subsequently charged with another crime, the judge will see your previous conviction(s) even if they have been expunged and they will be used against you.
At Catherine Cleveland, P.C., I offer a flat rate of $1,000 for expungements.
If you are interested in getting an expungement, you must first obtain a certificate of eligibility in accordance with standards provided by the Utah BCI. The Utah BCI provides criterion of eligibility of expungements. This is available on their website. There is a waiting period for certain crimes until you can even seek an expungement:
- Felony: seven years
- Class A misdemeanor: five years
- Class B misdemeanor: four years
- Class C misdemeanor or infraction: three years
- Misdemeanor DUI: 15 years
Crimes that cannot ever be expunged:
- Capitol offense
- First-degree felony
- Violent felony
- Automobile homicide
- Felony DUI
- Registrable sex offense