Exciting news for Utahns seeking a fresh start! On October 1, 2024, a new record clearance law will take effect, making it easier and more affordable for many to clear their criminal records. House Bill 352 (HB 352), sponsored by Rep. Karianne Lisonbee, will remove significant financial obstacles in the expungement process. Let's dive into what this means for you or someone you know:
Three Game-Changing Improvements:
1. More People Eligible for Fee Waivers
What's new? Last session, Rasa and our friends at Clean Slate Utah were up on the hill fighting for a reduction in government expungement fees because we know that a process that isn’t affordable isn’t accessible. While we didn’t get the fees as low as we hoped, we did make progress–raising the income threshold for fee waivers for smaller-sized households.
What it means for you: Under the new law, single adults and households with up to 3 people can make more money and still qualify for a government fee waiver. More specifically, the Legislature passed a law changing the threshold from just under $11 per hour up to $18.62. This is a significant increase and will make expungement more accessible to people who need it. The numbers: Households of three or fewer are now eligible for a complete waiver of government fees if they earn less than $38,730 per year. That's about $18.62 per hour for full-time workers.
Here's a quick reference for waiver thresholds based on household size:
2. Waiver of Most BCI Fees For Low-Income Families
What's new? Before this law was passed, everyone was required to pay BCI fees, even if they had no income. HB 352 creates a pathway for someone to get their BCI certificate fees waived, making expungement more affordable for people with records. What it means for you: Previously, everyone had to pay a $65 BCI certificate fee for every conviction on their record, regardless of their financial situation. For people with multiple records, this made expungement unaffordable. Now, if you think you'll qualify for a waiver of your court fees, you can indicate that on your BCI application and if your court fee waiver is granted, you can also get a waiver of your BCI fees. How it works:
- When applying to BCI, indicate on the application that you believe you'll qualify for a court fee waiver.
- You will still have to pay the $65 BCI application fee, but if your court fee waiver is granted, you won’t have to pay the $65 certificate fee.
- Proceed with the court process for expungement.
- If the court grants your fee waiver motion, the BCI certificate fee will be waived along with your court filing fees.
- If you don't receive a waiver, you'll need to pay the certificate fees before BCI will complete your record expungement.
3. One Set of Fee Waiver Paperwork Can Work Across Multiple Courts
What's new? Under the new law, a person only has to file fee waiver paperwork in one court, and that court’s fee waiver determination will carry across all other courts. What it means for you: If you have records in multiple courts, you no longer need to request a fee waiver from each judge separately. This has never made sense and requires needless paperwork. Instead, if one judge determines you are eligible for a fee waiver, that decision will carry across all other courts.
The benefit: This streamlines the process, saves judicial time, is more efficient, and reduces unnecessary administrative work. It also ensures consistency, preventing situations where a person might be granted a waiver in one court but not another.
What Does This Mean for You?
These changes represent a significant step forward in making record clearance more accessible and affordable in Utah. By reducing financial barriers, more people can pursue a clean slate and open doors to better opportunities.
Ready to Take the Next Step?
Don't let past mistakes hold you back from building a brighter future. If you're considering clearing your record in Utah, now is the perfect time to act. Use our quick and easy eligibility tool to find out what's on your record and whether it can be expunged. We know new laws can be hard to navigate. When you hire Rasa’s team of record clearance experts to represent you, we will help you understand and navigate the new fee waiver changes and help you fill out the paperwork you will need to qualify.
Remember, a clean slate is not just about clearing your record—it's about reclaiming your future. Take the first step today!