Rasa makes record clearance easy, but it’s common to have questions about what your life will look like post expungement. Whether you’re exploring your options for clearing a Utah criminal record or at the end of the expungement process and want to know what to expect, you can find answers to a few of the most commonly asked questions in this blog post.
Process of Expunging a Utah Criminal Record
Before and during the Utah expungement process, many people have practical questions about how things work and what to expect. You may have questions about:
- Which agencies to contact after Rasa has filed your expungement paperwork and how long the process takes to make sure everything gets cleared
- Which steps you should take once your expungement is fully processed
- The difference between key reports you can request
- What to do if you don’t receive a confirmation letter from BCI
Below we will answer these questions and address other common concerns.
Do I need to contact anyone to ensure my Utah expungement is processed?
There are multiple agencies responsible for removing an expunged record after they receive a signed Order of Expungement from the court. Under Utah law, the court is required to notify the Bureau of Criminal Identification (BCI). BCI then has the obligation to notify all necessary agencies including police, jails, the Utah Department of Corrections, and the Federal Bureau of Investigation. When you hire Rasa to help you, we also provide notice to BCI of the court’s expungement order to ensure there is no miscommunication between BCI and the courts.
How long does it take for an expungement in Utah to be processed after it’s granted?
Processing times by each agency will vary. Generally, BCI will take around 4-6 weeks to finalize an expungement and provide notice to other agencies that might have a copy of the record. The time that an expungement takes to process is outside of Rasa’s control. If you have any questions about an expunged case, you should contact BCI or the agency directly to make sure they have expunged the record. If needed, you can provide them with a copy of the expungement order.
What are the next steps after my expungement has been fully processed?
After processing your expungement, BCI should send us a letter confirming they’ve removed your record from their systems. We will share that letter with you. Upon receiving that letter, we strongly recommend getting a Criminal History Report which will confirm that your expunged case(s) have been removed as ordered. You can obtain this report directly from BCI. Getting a Criminal History Report to confirm your record has been expunged is highly recommended, and is especially important before applying for jobs, housing, and anything that may require a background check.
A Utah criminal history report costs $20 (paid to BCI) and requires your fingerprints. You can schedule an appointment to come into our office where we will help fill out the application and send it to BCI for you, or you can go to BCI directly. The report will be sent directly to you within a few weeks of applying. If you have any questions about the status of your Criminal History Report application, you can contact BCI.
If you hired us to handle multiple cases for you, it is best to wait until all of your cases are complete before obtaining a Criminal History Report to ensure that the report reflects all of your legal work. At the end of the process, we will send more information about getting a Criminal History Report. Feel free to reach out to us directly with any questions about when to apply.
Another option to confirm your expungement is complete is to obtain an Expungement Verification Report from BCI. We also recommend obtaining a copy of your FBI Rapsheet once BCI confirms they have finished processing your expungement. This will ensure that all of your records are completely off your criminal history.
What’s the difference between a Criminal History Report and an Expungement Verification Report?
Both reports can be obtained from BCI. A Criminal History Report will show everything still on your Utah criminal record. If you have your whole record expunged, nothing should appear. In contrast, an Expungement Verification Report is a list of all expunged cases. Expungement Verification Reports can also provide additional documents, like copies of signed orders and final confirmation letters from BCI. Criminal History Reports are the best option at the end of the expungement process because it’s an easy way to flag any processing mistakes that need to be addressed and confirm expunged cases are no longer on your public record.
An FBI Rapsheet is an extra check for offenses that may appear on a federal nationwide check. It is recommended to obtain this type of report, especially for more serious cases. This helps you to be aware of what may still appear on a federal criminal history report.
What should I do if I didn’t get a copy of my final confirmation letter from BCI?
Final confirmation letters are sent via physical mail to either the agency that is listed on a third party release form or if no third party was submitted, it may be sent to you to the address you provided on your expungement application. As a result, there are times when Rasa does not receive a letter. When we do receive these letters, we will share them directly with you. Not receiving a confirmation letter from BCI is not necessarily a sign that a case hasn’t been processed. Verification can instead be obtained through an Expungement Verification Report at any time. Still, the most important document to confirm your expungement is the Signed Order of Expungement.
Results of Expunging a Criminal Record in Utah
Even after you complete your expungement, some parts of the process can feel unclear. Some people worry their cases may still appear on reports, or have questions about who can see their record, whether online sites will remove old information, or how expungement affects their rights. We’ll explore those questions below, as well as which positive changes you can expect as you move forward with a clear record.
If an expunged case is still showing up on my Criminal History Report, what do I do?
If you get your Criminal History Report back, and a case that should have been expunged is still showing on your record, don’t worry! This is likely due to a processing error. In this situation, you can contact our Legal Team directly and we will review your Criminal History Report. In most cases, providing a copy of the signed order to BCI will resolve the issue.
BCI is unable to discuss expunged cases with us directly after they’ve been granted. However, we can send a copy of the signed Order of Expungement on your behalf and request that the case is removed from their database. From there, if you’d like to inquire about the status of the removal, you will need to contact BCI directly or obtain a new Criminal History Report.
Who will be able to see my Utah criminal record once it’s been expunged? Do I ever need to disclose expunged cases?
An expunged case in Utah is removed from public view so the average person and private companies should not be able to see details about it or see that you had a criminal record at all. There are a handful of government agencies that can access expunged records, including in some cases, the Division of Professional Licensing and the Utah State Board of Education. In these instances, and limited other circumstances, expunged cases may be accessed and viewed. But, unless specifically asked by an authorized agency, you will not need to disclose an expunged case. If you’re unsure whether you should disclose your expunged record, reach out to our Legal Team and we can provide guidance.
Do third party websites remove expunged cases?
Unfortunately, third party, non-government-affiliated websites are not notified or required to remove expunged cases under state law. There are some federal laws, however, that may require that they remove the information. These websites may be required to remove cases from their website upon being sent a copy of the signed expungement order. You can directly contact most websites by email to see if they will take down the information.
Will my record show up on a commercial background check?
When you get your record expunged, it should not appear on a background check. The Fair Credit Reporting Act (the FCRA) is a federal law that governs the accuracy of criminal background checks prepared by commercial screeners. FCRA requires commercial background check companies to use “reasonable procedures” to ensure “maximum possible accuracy” of the information in the report. 15 U.S.C. §1681e(b). Case law suggests that this means removing sealed or expunged records from their databases, because those records are not accurate anymore.
Does an expungement guarantee the restoration of my gun rights?
Expungements can help restore a right to own or purchase a firearm. However, there are various other factors that contribute to the right to gun ownership beyond having a criminal record. This includes various federal and state laws regarding protective orders, mental health history, immigration status and more. Out of state records may also be a factor. As a result, we cannot advise or guarantee that you will be able to purchase a firearm upon completion of your legal work.
There are attorneys who dedicate their whole careers to the complexities of firearm ownership and gun laws. Before trying to purchase a firearm, we strongly recommend consulting with one of these attorneys. They can take a look at your entire situation and advise you on whether it is likely you will be approved or denied. It’s important to consult with a firearms attorney before trying to get a gun, because there are possible legal repercussions to firearm purchase, if you are still considered a restricted person. Please reach out to us and we can send additional resources on this topic.
Which documents should I keep for my records after an expungement of my criminal record is granted?
We recommend keeping all documents that are sent to you throughout the process. However, the most important document to have a copy of is the Signed Order of Expungement. Even after a case is closed with Rasa, you can access all digital documents in the Clio for Clients portal. Upon request, we will also send physical copies in the mail for a $15 fee.
How will my life change after an expungement?
With a clear criminal record, the future is bright! You’ll be able to apply to jobs and housing without the stigma of a criminal record holding you back. In addition, you can pursue volunteer and educational opportunities that may have been unavailable in the past. You can travel more freely. Most importantly, you will no longer be defined by your past mistakes and will be able to move forward to focus on creating a better, more fulfilling future for yourself. You can start the expungement process today by using our eligibility tool.
