As fall moves forward, lawmakers are considering what their policy priorities will be for the 2023 session. It is my sincere hope that HB392 will get some attention. This bill waives all Bureau of Criminal Identification (BCI) certificate fees and court filing fees until June 2023. This bill may seem like a handout for some, but it is actually a hand-up for other struggling individuals who have not been able to afford expungement.
Although the courts in Utah are centralized, the process for filing petitions for the removal of convictions is not. This means that those who wish to have their convictions dismissed must file separate petitions in each state’s counties and cities. The burden is further exacerbated by the various costs and requirements that apply to the process, such as the BCI certificate lists, delays, post-hearing delivery requirements, and the identification and service of the prosecutor.
Before HB392, individuals seeking expungement faced significant financial barriers in seeking to clear their records. They are required to pay for a BCI eligibility certificate, attorney fees, and court filing fees, and these fees can be as high as $150. With no centralized system for filing petitions, judges may not be aware that multiple petitions could be waiting to be resolved, each with its own separate fees. In addition to filing fees, mailing and copy fees must also be paid.
I call on all state legislators and community members to support making HB392 permanent.
Expungement benefits public safety as we can now provide law-abiding pathways, and it also helps the economy by allowing individuals to obtain more stable employment. It is good practice as a society to recognize that everyone makes mistakes. When people do the work to turn their lives around, they deserve to be allowed to be productive, contributing members of society again.
Amy Daeschel, Salt Lake City
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