How Much Does An Expungement Cost?

Expungement is the legal process of removing convictions from your criminal record. Depending on the laws in your state, you may seek out an expungement for misdemeanor convictions as well as some felonies.

If your state allows convictions to be expunged, then the next step is usually determining how much this will cost. As you may expect, the cost of an expungement varies based on many factors, so it helps to break down the costs piece by piece.

While it might add to the cost of the expungement, hiring a criminal defense attorney who knows how to navigate the system can save you precious time in securing an expungement. Time will be especially important if you are applying for a job, loan, or housing.

Court Costs

There will be standard court costs associated with the expungement process and an application fee in some states. These generally range from $100 to $400. However, depending on the details of your case, this could cost more.

Furthermore, expungement costs typically will include filing fees along with your court costs, which may be specific to your state or local county court. This is simply a payment for the processing of your paperwork, so a complicated case that involves more paperwork — such as trying to have a felony removed instead of a misdemeanor — may come with higher filing fees due to the increased work required of the court. Even though criminal records are public record, the costs associated with accessing court records are often passed on to you.

Attorney Fees

Estimating attorney fees can be tricky since many factors play into how much legal work is required. If you hire a criminal defense attorney to represent you and help you through this complex process, you have to pay the hourly rate or flat fee they ask for. Your attorney should tell you this cost at your first consultation, and then your bill will break down the hours they spent working to expunge your conviction.

It is fine to interview different lawyers and receive estimates to see which one is in your price range. Many criminal defense lawyers offer free initial consultations to discuss your situation and talk about their fees.

Estimates for the cost of a criminal recordexpungement range from a low end of $400 to a high end of $4,000, though the lawyer you choose makes all the difference. Once again, the complexity of the case plays into it. Expungement attorneys who do nothing but expungements may have a more varied payment system. Legal advice is typically worth what it costs, especially with expungement lawyers.

Misdemeanor Versus Felony

Typically, expungements are used for less serious offenses, and the cost varies greatly depending on what type of offense you are trying to expunge and the laws of your jurisdiction. Misdemeanor expungements are more common than felonies, as you cannot expunge some felony convictions. For instance, some states do not allow expungements for felonies involving a sexual or violent offense. On the other hand, some states may allow a felony DUI to be expunged.

Accordingly, there may be more legal work involved in having a felony conviction expunged, so it may require more attorney’s fees. This is a topic you can discuss with your criminal defense lawyer during your initial consultation.

Fees Along the Way

Often, the court costs and other fees will not come in a lump sum, but they will simply come up as you move through the process. You will have to take care of each fee promptly for the case to continue. For example, in Florida, there is a $75 fee due to the Florida Department of Law Enforcement when you have paperwork put in to check if you are eligible to have your record expunged. You could have to pay this even if it turns out that you are ineligible and there is nothing else you can do.

Additional Costs of the Case

Finally, you need to know that your original criminal case itself has been resolved for your record to be expunged. If you were ordered to serve some type of sentence like community service or go on probation, that must come to an end first. Likewise, if you owe money connected to the case — perhaps you are paying restitution or paying fines to the state — then you have to settle those debts first. Getting your record expunged is simply a way to clear that record, not to avoid all connected fines, fees, and sentences.

Hiring a criminal defense lawyer who has done this before is a justifiable expense. Erasing a guilty verdict and getting a fresh start will be worth it. The time you save in securing the expungement could be worth it if the criminal charges and criminal conviction contained in your record prohibit you from working, living, and generally living your life.