Navigating the legal system is intimidating, especially if you are doing it alone. Because of this, many people who are eager to create a better life for themselves through expungement may feel hesitant to explore their options. Rasa’s goal is to simplify the record clearance process by providing simple and affordable legal services for people across Utah. This blog post describes the expungement process in three easy steps. It will be helpful for those who are thinking about getting started, those who are midway through the process, and everyone else in between.
1. using the eligibility tool
Eligibility for expungement depends on a variety of factors, including the severity of your case records, the total number of cases on your record, and the amount of time that has passed since your involvement with the justice system. For only $15 anyone can check to see if they might be eligible to get their Utah record cleared using our screening tool. Rasa’s software is powered by court and corrections data to determine an individual’s eligibility for expungement. All you have to do is answer a few simple questions, and our tool will tell you what is on your record and whether your cases qualify for petition-based expungement in Utah, now or in the future
Worried you are not eligible for expungement? Our tool will also let you know whether you have any cases that may become eligible in the future or if any of your cases qualify for automatic clearance under Utah’s Clean Slate Law. Rasa also specializes in 402 reductions which can help many people become eligible for expungement by reducing the severity of your charges.
After using the tool, you will be able to connect with a member of our team to go over your options for clearing your record.
2. applying to bci and purchasing certificates
Whether you decide to hire Rasa to handle your expungement or opt to do it yourself, you must start the process by submitting a BCI application. The application costs $65, will ask you for some basic information, and requires your fingerprints. This is used by the Bureau of Criminal Identification to find your records and confirm that your cases are eligible for expungement.
If you hire Rasa as your attorney, you will also want to send in with your application, a signed third-party release form. This allows our team to communicate directly with BCI about your application and ensures any necessary paperwork is sent to us.
Waiting to hear back from BCI is, often the longest part of the expungement process. It can take anywhere from two to six months for your application to be processed. You can always check BCI’s website or give them a call for updates on processing times.
Once BCI processes your application, they will generate a letter with a list of all of your eligible cases. To proceed with your expungement, you will need to purchase the certificates for each case. These certificates serve as proof to the court that your records are eligible to be cleared under Utah law. Each certificate costs $65 to purchase, except for dismissed and acquitted cases which have no associated fees.
3. legal process and final documentation
Once your certificates are purchased, our legal team will draft and file all the necessary documents for the court Once the documents are filed, the Prosecutor has 60 days to respond, and they can either agree with or object to the petition for expungement.
In the case there is an objection, Rasa can file a response and represent you at a hearing, which costs an additional $500. However, as long as the Prosecutor does not object, then the petition and order are sent to the Judge for their review. The Judge has the discretion to grant or deny the expungement, regardless of what the Prosecutor recommends.
If the Judge agrees with the petition, they will sign the order granting your expungement. At that point, BCI and other agencies would be required to remove your record from their systems. Finally, BCI will send us a final letter confirming your record has been fully expunged, usually within a few weeks of your order being signed by the Judge. We suggest that everyone get a Utah Criminal History Report after completing the expungement process to ensure everything is off your record.
Navigating the legal system alone is intimidating, but Rasa is here to help you each step of the way. Understanding the basics of expungement is essential and empowering. Take the first step today by using our tool to check your eligibility, and let us help you clear your record!
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