How Much Does Expungement Cost? Fees, Free Options & State Guide

Filing fees vary significantly by state. Here is a sampling of states and their typical expungement filing fees:

Free ($0): some states have eliminated expungement filing fees entirely, or charge nothing for certain types of petitions. States with automatic Clean Slate expungement typically have no fees for the automatic process.

Low ($25-$100): Indiana ($156 for initial petition, but fee waivers available), Ohio ($50 for sealing), North Carolina ($0-$175), and several other states keep fees affordable.

Moderate ($100-$250): California ($120-$150 for 1203.4 dismissal), Illinois ($0-$120 depending on county), Florida ($75-$100 for sealing), Texas ($0 for expungement, $28 for orders of nondisclosure).

Higher ($250-$450+): New Jersey ($75-$250 depending on type), Michigan ($50 per offense for setting aside), Pennsylvania ($132 for expungement petition), Washington ($0-$200 depending on county).

These fees change, and county courts within the same state may charge different amounts. Always check with your specific court's clerk office for current fees.

Fee waivers: virtually every state offers fee waivers for people who cannot afford filing fees. The process usually involves filling out a financial affidavit showing your income, assets, and expenses. If you qualify for public benefits (SNAP, Medicaid, SSI) or earn below a certain threshold (typically 125-200% of the federal poverty level), you will almost certainly qualify for a fee waiver.

Most expungement attorneys charge flat fees rather than hourly rates, which makes costs more predictable. Typical ranges:

Simple misdemeanor expungement ($400-$1,000): a single misdemeanor conviction that clearly meets eligibility criteria, requires no hearing, and involves straightforward paperwork. Many attorneys handle these routinely and offer competitive flat fees.

Standard felony expungement ($1,000-$2,500): a single felony conviction that requires eligibility research, petition drafting, and potentially a court hearing. More legal work is involved because felony expungement rules are more complex.

Complex cases ($2,500-$5,000+): multiple convictions across different courts or counties, cases where eligibility is debatable, contested cases where the prosecutor objects, cases requiring extensive legal research, or situations involving multiple types of relief (expungement plus record sealing plus certificate of rehabilitation).

Flat fee vs. hourly: most expungement attorneys prefer flat fees because the scope of work is predictable. If an attorney quotes an hourly rate, ask for an estimate of total hours and a cap on total fees. Typical hourly rates for criminal defense attorneys range from $150-$400/hour depending on location and experience.

What you are paying for: the attorney's time includes eligibility analysis, petition drafting, document gathering, filing, serving notice on the prosecutor, preparing for and attending any hearing, and following up to ensure the order is properly implemented.

Legal aid organizations provide free expungement help to people who meet income guidelines (typically under 200% of the federal poverty level). Search for legal aid in your area at lawhelp.org or lsc.gov. Many legal aid offices have dedicated expungement programs and can handle your entire case at no cost.

Law school clinics at many universities operate legal clinics where law students, supervised by licensed attorneys, help people with expungement petitions for free. Check with law schools in your area — most post their clinic services on their websites.

Free expungement clinics are community events where volunteer attorneys help people determine eligibility and file petitions on the spot. These are often organized by bar associations, legal aid organizations, public defender offices, and community organizations. They are increasingly common — many cities hold them monthly or quarterly.

Public defender offices in some jurisdictions offer post-conviction services including expungement assistance. This varies widely — some public defender offices have dedicated units for this, while others do not.

Clean Slate automatic expungement costs nothing. If your state has a Clean Slate law and your record qualifies, the clearing happens automatically at no cost to you.

Nonprofit organizations like Root & Rebound, The Fortune Society, and many local reentry organizations provide free expungement assistance as part of their services.

To find free help: call 211 and ask about free expungement services, search lawhelp.org for legal aid in your area, contact your local bar association and ask about pro bono expungement programs, or search for 'free expungement clinic' plus your city or state.

The financial case for expungement is overwhelming. Research from multiple sources quantifies the economic cost of carrying a criminal record:

Lifetime earnings impact: a criminal record reduces lifetime earnings by an estimated $500,000 or more. People with records earn 10-40% less than people without records, and the gap persists for decades.

Employment barriers: a 2017 study found that a criminal record reduces employer callbacks by approximately 50%. This means for every 10 employers who would call you back, only 5 will with a criminal record visible.

Housing costs: criminal records limit housing options, often forcing people into higher-cost housing, less desirable neighborhoods, or unstable living situations. The rental premium associated with a criminal record has been estimated at $2,000-$4,000 per year.

Insurance costs: some insurance products cost more for people with criminal records, adding hundreds or thousands of dollars annually.

Expungement return on investment: research from the University of Michigan found that people who received expungement experienced a 25% increase in wages within two years. Over a working lifetime, this wage increase far exceeds the cost of expungement by orders of magnitude.

Even at the high end of expungement costs ($5,000 for a complex case with a private attorney), the investment pays for itself many times over through increased earnings, better housing, reduced insurance costs, and improved quality of life.

Apply for a fee waiver before filing. Court filing fee waivers are widely available and can save $50-$450. You typically need to submit a financial affidavit — ask the clerk's office for the form.

Check for free clinics first. Before hiring a private attorney, search for free expungement clinics in your area. Many bar associations and legal aid organizations hold regular clinics where you can get your petition filed at no cost.

Do it yourself for simple cases. If you have a single misdemeanor conviction in a state with a straightforward expungement process, filing the petition yourself is realistic. Court clerks can provide forms, and many courts have self-help centers. You only pay the filing fee (or get it waived).

Get multiple attorney quotes. If you need a private attorney, get quotes from at least three. Expungement fees vary widely, and shopping around can save hundreds of dollars. Look for attorneys who offer flat fees rather than hourly billing.

Handle multiple convictions together. If you have multiple convictions to expunge, hiring an attorney to handle all of them at once is usually cheaper per case than handling them separately. Ask about discounts for multiple-case packages.

Check if your state has Clean Slate. If your record qualifies for automatic clearing, you do not need to pay anything. Check cleanslateinitiative.org for your state's status.

Ask about payment plans. Many expungement attorneys offer payment plans — you pay a portion upfront and the rest over several months. This makes the cost more manageable without delaying the process.

When you hire an expungement attorney, their fee should cover: initial consultation and case review (sometimes free), eligibility analysis and legal research, obtaining necessary court documents and criminal history records, drafting and filing the expungement petition, serving notice on the prosecutor and other required parties, preparing for and attending any hearing, responding to prosecutor objections, and follow-up to ensure the order is properly distributed to agencies.

Some things that may cost extra: obtaining certified court documents or police reports (court fees), background check costs for verification, travel expenses if your case is in a court far from the attorney's office, and additional petitions for records in other counties.

Questions to ask before hiring: is the fee flat or hourly? What is included? Are there any potential additional costs? How many expungement cases have you handled? What is the timeline? What is the success rate? Will I need to appear in court? What happens if the petition is denied?