Expungement Cost: Fees and Background Screening Impact

More than 70 million Americans have a criminal record. A significant portion of them are eligible for expungement, meaning the record could be cleared, sealed, or dismissed, and have not pursued it. The most commonly cited reason is not ineligibility. It is cost uncertainty: people assume expungement is prohibitively expensive without knowing what it actually costs for their specific record type, state, and situation.

The honest answer is that expungement cost ranges from zero to several thousand dollars depending on four factors: what is on the record, which state it is in, how many charges are involved, and whether an attorney handles the filing or the petitioner files on their own. This post breaks down the cost by record type, explains what determines the price, and covers what the process means for organizations that rely on criminal record data in hiring and screening decisions.

What Determines Expungement Cost

Criminal record expungement cost is not a flat national rate. It varies by jurisdiction, record complexity, and whether professional representation is involved. The two cost components in every expungement case are court filing fees and attorney fees, and both vary significantly (LawInfo, 2020).

The factors that determine the total price to expunge a record are:

• Record type - misdemeanor, felony, arrest without conviction, or DUI each carry different eligibility requirements and procedural complexity, which directly affects cost

• Number of charges and courts - multiple charges filed in different courts require separate petitions in most states, multiplying both filing fees and attorney time

• State and county - court filing fees range from $0 in states with automatic expungement programs to $450 in states with high per-petition fees

• Whether a hearing is required - cases that require a court appearance cost more in attorney time than those resolved through paperwork alone

• Attorney experience and market - expungement attorney cost varies by geography and practitioner; a rural market will price differently from a major metro (Second Chance Info, 2026)

Misdemeanor Expungement Cost

Misdemeanor expungement is the most straightforward and least expensive category. Court filing fees for misdemeanor expungement typically range from $0 to $300 depending on state. In states with fee waiver programs, California, Illinois, and Michigan among them, low-income petitioners may pay nothing in court costs (Second Chance Info, 2026).

Attorney fees for misdemeanor expungement are most commonly structured as a flat fee. The cost of misdemeanor expungement with professional representation typically falls between $400 and $1,500 depending on complexity and market. In major metros, Los Angeles, New York, Chicago, attorney fees at the higher end of that range are standard. In smaller markets, $400-$700 flat fees are common for straightforward single-charge misdemeanor cases.

Total misdemeanor expungement cost with an attorney: $400-$1,800 in most markets. Filing pro se (without an attorney): $0-$300 in court fees alone, with higher risk of procedural error (LawInfo, 2020; Meltzer and Bell, 2024).

"Misdemeanor expungement is often more accessible than people expect, both in cost and eligibility. The barrier is usually not the process. It is not knowing that the option exists."

Felony Expungement Cost

Felony expungement is more expensive, more procedurally complex, and more variable by state. Not all felonies are expungeable, violent felonies, sex offenses, and certain drug trafficking convictions are excluded in most jurisdictions, and eligibility requirements typically involve longer waiting periods and the absence of subsequent offenses (Second Chance Info, 2026).

Court filing fees for felony expungement range from $100 to $450 in most states. Attorney fees for felony expungement typically run $1,000 to $3,500 for single-charge cases. Multi-charge felony expungements with prosecutor objection risk or mandatory hearings can reach $5,000 or more in total attorney fees (LawInfo, 2020).

Total felony expungement cost with an attorney: $1,000-$5,000+ depending on case complexity, state, and whether a hearing is required. Felony expungement pro se is possible in some states but carries significantly higher procedural risk than misdemeanor cases, the eligibility analysis alone typically justifies an attorney consultation even if the petitioner files independently.

"Felony expungements require a careful eligibility analysis before any petition is filed. Filing for a felony you are not eligible to expunge wastes court fees and delays the timeline for eligible offenses."

DUI Expungement and Record Sealing, Cost and Key Distinctions

DUI expungement eligibility and cost vary more by state than almost any other offense category. California allows DUI expungement for first offenses that resulted in probation rather than prison, attorney fees typically run $400-$700, plus court costs of $150-$180 (Sheny Gutierrez, 2025). Florida does not allow expungement of DUI convictions but permits sealing in limited circumstances, with attorney fees in the $1,000-$1,500 range for eligible cases (Erase the Case, 2026). Texas does not allow expungement of DUI convictions under most circumstances but offers nondisclosure orders for deferred adjudication dispositions.

Record sealing vs. expungement is a distinction that matters for cost and outcome. Expungement destroys or removes the record from public access entirely. Record sealing restricts access to the record without physically destroying it, law enforcement can still access sealed records, but most private background check databases cannot. The cost to seal records is typically similar to expungement filing fees, $100-$400 in court costs plus attorney fees, but the outcome is less complete than expungement where expungement is available (Second Chance Info, 2026).

Expungement Attorney Fees, What You Are Paying For

The expungement lawyer cost covers more than petition drafting. What a qualified expungement attorney provides is eligibility analysis, confirming that the petitioner qualifies before any fees are paid to the court, plus procedural compliance, response to any prosecutor or probation department objections, and court representation if a hearing is scheduled (LawInfo, 2020).

Most expungement attorneys charge flat fees rather than hourly rates for straightforward cases. Flat fee structures make the total cost predictable and are standard in the expungement market. Hourly billing typically appears only in complex multi-charge cases or cases with contested hearings.

How much does a lawyer charge for an expungement? The national range for lawyer fees for expungement is:

• Simple misdemeanor, no hearing required: $400-$900

• Misdemeanor with hearing or multiple charges: $700-$1,500

• Single felony, no hearing required: $1,000-$2,500

• Felony with hearing or prosecutor objection: $2,500-$5,000+

• DUI expungement or nondisclosure: $500-$1,500 depending on state

Low-cost legal aid organizations, including state public defender offices, law school clinics, and nonprofit reentry organizations, provide free or reduced-cost expungement assistance in most states. Eligibility is typically income-based (Second Chance Info, 2026).

"The attorney fee in an expungement case is primarily paying for the eligibility analysis and the procedural accuracy of the petition. A denied petition because of an eligibility error costs more in the long run than the attorney fee would have."

State Filing Fee Comparison

Court filing fees as of 2026. Figures are approximate and vary by county. Attorney fees are additional.

What Expungement Means for Background Screening

For organizations that rely on criminal record data in hiring, credentialing, or vendor screening decisions, expungement has direct compliance implications. In most states, expunged records may not be reported by commercial background check providers, and employers are prohibited from asking about or considering expunged offenses in hiring decisions, under both state law and EEOC guidance (Second Chance Info, 2026).

The compliance risk runs in both directions. Organizations that obtain or act on expunged record data face legal liability in states with strong expungement protections, California, Illinois, and New York among them. Organizations that fail to apply consistent screening standards across jurisdictions with different expungement laws face disparate impact liability under federal employment law.

Identity verification services built around current, jurisdiction-specific record access standards, rather than commercial aggregator databases that may carry outdated or improperly reported data, reduce that exposure.

Due diligence investigations address the high-trust hiring dimension, where the completeness and accuracy of the criminal record picture matters beyond what standard background check products provide.

"Background screening compliance is not just about what you find. It is about what you are legally permitted to find, report, and act on, and that standard varies materially by state and offense category."

WHAT DOES IT MEAN for Organizations?

Organizations in regulated industries, healthcare, financial services, education, government contracting, face the most complex intersection of expungement law and background screening compliance. State clean slate laws, automatic expungement programs, and prohibition-on-inquiry statutes are expanding rapidly. Screening processes built for the prior regulatory environment may not be compliant in 2026.

Building a background screening process that accounts for expungement law by jurisdiction, uses current-record data sources rather than commercial aggregator databases, and applies consistent screening criteria across states requires the kind of structured verification intelligence that generic background check products are not built to provide.

If your organization's screening process needs to be reviewed for expungement compliance, or your due diligence function needs to operate beyond what standard background check products cover, reach out for a confidential consultation. Our identity verification services and due diligence investigations are built for exactly the verification environments where compliance accuracy matters.

Frequently Asked Questions

How much does it cost to expunge your record?

Total cost ranges from $0 for eligible petitioners using free legal aid or automatic expungement programs, to $5,000+ for complex felony cases with hearings. Most misdemeanor expungements with an attorney cost $400-$1,800. Most felony expungements cost $1,000-$5,000.

How much does it cost to get a felony expunged?

Court filing fees for felony expungement range from $100-$450 depending on state. Attorney fees add $1,000-$3,500 for straightforward cases and $2,500-$5,000+ for complex or contested cases.

How much is it to expunge a misdemeanor?

With an attorney, misdemeanor expungement typically costs $400-$1,800 total. Filing pro se costs $0-$300 in court fees depending on the state.

How much is it to get your record expunged?

It depends on the record type and state. Misdemeanors: $400-$1,800 with attorney. Felonies: $1,000-$5,000+. Some states offer free automatic expungement for eligible offenses.

How much does a lawyer charge for an expungement?

Expungement attorney fees range from $400-$900 for simple misdemeanors to $2,500-$5,000+ for complex felony cases. Most attorneys charge flat fees for expungement rather than hourly rates.

How much does it cost to seal your record?

Record sealing costs are typically similar to expungement court fees, $100-$400 in filing costs plus attorney fees. The outcome is more limited than expungement since sealed records remain accessible to law enforcement.

What is expungement lawyer cost?

Expungement lawyer cost is the attorney fee charged for handling the expungement petition process, typically a flat fee ranging from $400 for simple misdemeanors to $5,000+ for complex felony cases with contested hearings.

How much does it cost to expunge a felony?

Total felony expungement cost with attorney representation typically ranges from $1,000 to $5,000+ depending on state, number of charges, and whether a hearing is required.

What is the cost to expunge a DUI?

DUI expungement cost varies significantly by state. In California: $550-$900 total. In Florida: $1,000-$1,500 for eligible cases. In Texas, most DUI convictions are not expungeable but nondisclosure orders are available for deferred adjudication cases.

How much does expungement cost for a misdemeanor?

Court filing fees for misdemeanor expungement range from $0-$300. Attorney fees typically range from $400-$1,500. Total cost with professional representation: $400-$1,800 in most markets.

What is the cost to seal records?

Record sealing court costs are typically $100-$400, similar to expungement filing fees. Attorney fees for record sealing follow similar ranges to expungement representation for equivalent case complexity.

What are lawyer fees for expungement?

Lawyer fees for expungement are most commonly structured as flat fees: $400-$900 for simple misdemeanors, $700-$1,500 for misdemeanors with hearings, $1,000-$2,500 for single felonies, and $2,500-$5,000+ for complex or contested felony cases.

What is criminal record expungement cost?

Criminal record expungement cost is the combined total of court filing fees ($0-$450 depending on state and offense type) and attorney fees ($400-$5,000+ depending on complexity). Free options exist through legal aid organizations in most states.

References

Second Chance Info. (2026). How Much Does Expungement Cost? https://secondchanceinfo.com/expungement/cost

LawInfo. (2020). What Is the Cost of an Expungement? https://www.lawinfo.com/resources/criminal-defense/expungement/what-is-the-cost-of-an-expungement.html

Meltzer and Bell. (2024). Understanding the Real Cost to Expunge a Record. https://www.meltzerandbell.com/news/understanding-the-real-cost-to-expunge-record/

Erase the Case. (2026). Florida Expungement Costs. https://erasethecase.com/florida-expungement-lawyer-costs/

Sheny Gutierrez. (2025). California Expungement Fees and Costs. https://www.shenygutierrez.com/ca-expungement-costs/