Board Certified DUI Defense

How Much Does Expungement Cost?

Since 1998Board CertifiedNCDD Faculty

Glen W. Neeley, Utah DUI Defense Attorney
Glen W. NeeleyHandles each DUI case personally

Utah DUI Expungement Costs Include Government Fees and Optional Attorney Representation

The direct government costs for DUI expungement in Utah are $65 (fee amounts may be adjusted; contact BCI at 801-965-4445 for current fees) for the BCI certificate of eligibility and $135 for the court filing fee, totaling $200 in mandatory fees. Attorney fees for professional handling of the petition are additional and vary based on the complexity of the case. For most straightforward DUI expungements, the total investment including attorney representation is modest relative to the long-term financial impact of carrying a visible DUI conviction.

Glen Neeley has handled DUI expungement petitions in Utah since 1998. Understanding the cost structure helps clients budget for the process and evaluate the return on their investment.

Breakdown of Expungement Costs

BCI Certificate of Eligibility: $65

The Bureau of Criminal Identification charges $65 to process the application for a certificate of eligibility. This fee covers the background check, eligibility verification, and issuance of the certificate. The fee is non-refundable regardless of the outcome. If BCI determines you are not eligible, you lose the fee and must address the eligibility issue before reapplying.

Court Filing Fee: $135

The court that entered the original conviction charges $135 to file the expungement petition. This fee is also non-refundable. If the petition is denied due to premature filing, errors in the petition, or prosecution objection, the fee is not returned. Filing correctly the first time avoids paying this fee twice.

Attorney Fees: Variable

Attorney fees for expungement representation vary based on the complexity of the case. Factors that affect cost include whether the case involves a single conviction or multiple convictions, whether the eligibility determination is straightforward or requires research, whether the prosecution is likely to object, and whether a court hearing will be necessary.

For a straightforward single-conviction DUI expungement with no anticipated objection, attorney fees are typically at the lower end of the range. Cases involving multiple convictions, disputed eligibility, or felony-level offenses generally cost more. The investment in professional representation reduces the risk of denial and the cost of restarting the process.

The Cost of Not Expunging a DUI

The financial impact of carrying a visible DUI conviction extends far beyond the expungement costs. A DUI conviction on a background check can affect employment opportunities, resulting in lost income from positions you are unable to obtain or retain. Insurance rates increase after a DUI conviction and may remain elevated for years. Professional licensing complications can limit career advancement or require additional expense to address.

Housing costs can be affected when landlords deny applications based on criminal history, forcing the individual into less desirable or more expensive housing options. Educational opportunities, including scholarships and admissions to certain programs, may be affected by a visible conviction.

The $200 in government fees and the cost of attorney representation for expungement are a one-time investment that eliminates these ongoing financial impacts. For most people, the return on the expungement investment is substantial when measured against years of elevated insurance, limited employment options, and other consequences.

Fee Waivers and Payment Considerations

Utah courts may waive filing fees for individuals who demonstrate financial hardship. If you cannot afford the $135 court filing fee, you can submit a motion to proceed in forma pauperis, which asks the court to waive the fee based on your financial situation. Approval is at the court’s discretion.

The BCI fee of $65 is generally not waivable, though specific circumstances may warrant inquiry with the Department of Public Safety.

Some attorneys offer payment plans for expungement representation, allowing the client to spread the cost over time. The relatively modest cost of most straightforward expungement cases makes this accessible for many clients.

If cost is a concern, it is worth comparing the expungement expense against the annual cost of the conviction’s effects. Even a modest reduction in insurance premiums can recover the cost of expungement within a year or two.

Frequently Asked Questions About Expungement Costs

Can I handle the expungement myself to save money?

Utah law allows individuals to file expungement petitions without an attorney. The BCI application and court filing are procedural steps that can be completed without legal representation. However, errors in the petition, miscalculation of the waiting period, or failure to anticipate prosecution objections can result in denial, which means paying the fees again. The attorney cost is an investment in getting it right the first time.

Are expungement costs tax deductible?

Expungement costs are generally not tax deductible as a personal expense. However, if the expungement is directly related to maintaining or obtaining professional licensing required for your employment, there may be an argument for deductibility. Consult a tax professional for guidance specific to your situation.

Do I have to pay the fees again if my petition is denied?

Yes. If the petition is denied, the BCI fee and court filing fee are not refunded. You must pay these fees again when you refile. This is why accurate eligibility verification before filing is important.

Hidden Costs That Expungement Eliminates

Background check failures costing job opportunities represent lost income dwarfing expungement costs. Insurance increases persist 3 to 5 years. Professional advancement can be limited.

Housing costs increase when landlords deny applications. The emotional cost of carrying a visible conviction affects quality of life.

Comparing Expungement Costs to Other DUI Expenses

A typical first-offense DUI generates $10,000 to $15,000 in total costs. The $200 in government fees plus attorney representation addresses the longest-lasting consequence.

The answer to what is the cost of not expunging almost always exceeds the one-time expungement cost.

Timeline and Milestones in the Expungement Process

The expungement process in Utah follows a defined sequence of steps, each with its own timeline. The first milestone is confirming eligibility, which involves reviewing your criminal history, verifying that all sentencing requirements have been completed, and confirming that the required waiting period has passed. For most DUI convictions in Utah, the waiting period is measured from the date all conditions of the sentence were satisfied, not from the date of arrest or conviction.

Once eligibility is confirmed, the next step is obtaining a certificate of eligibility from the Utah Bureau of Criminal Identification (BCI). This application requires submission of fingerprints and a processing fee. BCI review typically takes several weeks. After receiving the certificate, the petition for expungement is filed with the court that handled the original case.

The court filing initiates a period during which the prosecution can review the petition and raise objections. If no objection is filed, the court may grant the expungement without a hearing. If the prosecution objects, a hearing is scheduled where Glen Neeley presents the case for expungement. From initial eligibility review through final court order, the process typically spans several months. Our office manages each step and keeps clients informed of progress at every milestone.

The Practical Impact of Clearing a DUI Record

A DUI conviction on your record affects decisions you may not anticipate at the time of sentencing. Apartment applications, professional license renewals, volunteer background checks, and even coaching positions for youth sports leagues can trigger record reviews. The conviction creates a recurring obstacle that surfaces at unpredictable moments throughout your personal and professional life.

Clients who have completed the expungement process through our office describe a shift in how they approach opportunities. Job applications no longer require explanations of criminal history. Housing applications proceed without additional scrutiny. The psychological weight of carrying an unresolved conviction lifts in ways that affect confidence, career planning, and personal relationships. Glen Neeley has guided clients through this process since 1998, and the consistent feedback is that expungement restores a sense of forward momentum.

Employment Industries Most Affected by a DUI Record

Certain employment sectors in Utah conduct thorough background checks that will surface a DUI conviction. Healthcare positions, including nursing, pharmacy technician roles, and hospital administration, require state licensing that involves criminal history review. A DUI conviction can delay or prevent licensure even if the applicant is otherwise qualified.

Education professionals, from classroom teachers to administrative staff, face similar scrutiny through the Utah State Board of Education's licensing process. Transportation industry positions, including commercial driving, logistics coordination, and fleet management, often have zero-tolerance policies for DUI convictions on an applicant's record. Government employment at the state, county, and municipal level in Utah typically involves fingerprint-based background checks that access both state and federal criminal databases.

Financial services, real estate, and insurance positions also involve licensing boards that review criminal history. Each of these industries has its own standards for what constitutes a disqualifying conviction and what weight is given to the passage of time. Expungement removes the conviction from these background check processes under Utah law, which can reopen career paths that were previously closed.

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