What Is Expungement?
Expungement is a legal process that seals or erases a criminal record from public view. Once a record is expunged, it generally does not appear on background checks run by employers, landlords, or licensing boards. In most states, you can legally answer "no" to questions about prior arrests or convictions if those records have been expunged.
This calculator estimates what the expungement process will cost you — including court filing fees and attorney fees — based on your state, offense type, and how you choose to handle representation.
How Expungement Costs Break Down
Expungement costs fall into two main categories:
**Court Filing Fees** Every state charges fees to file an expungement petition with the court. These fees vary widely: - Some states charge as little as \$50–\$100 for simple petitions - Others charge \$200–\$500 or more, especially for felonies or multiple charges - Some states offer fee waivers for low-income petitioners
**Attorney Fees** You have three options for representation:
- **DIY / Pro Se**: You handle the paperwork yourself. You still pay court fees but no attorney fees. Works well for straightforward cases if you're comfortable with legal paperwork. - **Attorney-Assisted (Limited Scope)**: An attorney reviews your petition, advises on eligibility, or appears at a hearing while you handle other steps. Typically costs \$300–\$1,000. - **Full Attorney Representation**: An attorney handles everything from start to finish. Best for complex cases, felonies, or when eligibility is uncertain. Typically costs \$1,000–\$3,500 or more depending on complexity and state.
State-by-State Cost Variations
Expungement costs vary dramatically by state because each state has its own laws, fee schedules, and procedures:
- **Low-cost states** like Missouri, Nebraska, and Arkansas typically have lower filing fees and simpler processes - **High-cost states** like California, New York, and Illinois can have higher filing fees and more complex multi-step processes - **Some states** (like Pennsylvania) have automatic expungement programs for certain offenses that cost nothing - **Several states** still have very limited expungement laws — Florida, for example, has strict eligibility requirements that make it harder to qualify
The waiting period required before you can file also varies: some states require just 1–2 years after completing your sentence, while others require 5–10 years.
Eligibility Requirements Overview
Not everyone qualifies for expungement. Common eligibility factors include:
**Offense Type Matters Most** - Arrests without conviction are almost always expungeable - Misdemeanors are generally expungeable in most states - Non-violent felonies are expungeable in many states after a waiting period - Violent felonies, sex offenses, and offenses against children are rarely expungeable
**Time Requirements** Most states require a waiting period after completing your sentence (including probation and parole). The clock typically starts after: - Completing all jail or prison time - Finishing probation or parole - Paying all fines and restitution
**Clean Record Since the Offense** Most states require no new criminal charges during the waiting period. Some states have a "clean record" requirement spanning several years beyond the waiting period.
When to Hire an Attorney vs. DIY
**Consider DIY if:** - Your case is a single misdemeanor or arrest without conviction - You're comfortable reading legal instructions and filling out forms - Your state has a straightforward expungement process with clear eligibility criteria - Cost is a significant concern
**Consider an Attorney if:** - You have a felony conviction - You have multiple charges or a complex criminal history - Your eligibility is unclear - A prosecutor is likely to oppose your petition - You cannot afford the time to navigate the system yourself - Errors could result in denial and a waiting period before you can try again
Many legal aid organizations offer free or reduced-cost expungement assistance. Check with your state bar association or local legal aid society.
How to Use This Tool
1. Select your state from the dropdown 2. Choose the offense type that best describes your situation 3. Enter the number of charges you want to expunge 4. Select how many years have passed since the offense 5. Choose your preferred representation type 6. Click "Estimate Expungement Cost" to get an AI-powered estimate
The tool will return estimated court filing fees, attorney fees, eligibility likelihood, the required waiting period, typical process timeline, and step-by-step process guidance.
FAQs
Q: Will expungement remove my record from all background checks? A: Not necessarily. Expungement typically removes records from most public background checks, but some federal agencies, law enforcement, and certain licensed professions may still access sealed records. The protections vary by state.
Q: Can I expunge a federal conviction? A: Federal expungement is extremely rare and limited to specific drug offenses committed as a minor. Most federal convictions cannot be expunged. A presidential pardon is sometimes an alternative.
Q: How long does expungement take? A: The process typically takes 3–12 months from filing to completion. Some states are faster, others slower. Court backlogs and whether a prosecutor contests your petition can significantly affect the timeline.
Q: Does expungement restore my gun rights? A: It depends on the state and the offense. In many states, expunging a felony restores gun rights, but federal law may still prohibit gun ownership for certain convictions. Consult an attorney for your specific situation.
Q: What's the difference between expungement and record sealing? A: Expungement erases or destroys the record, while sealing makes it inaccessible to the public but the record still exists. Some states use these terms interchangeably. The practical effect is similar for most purposes.
Q: Can my employer find out about an expunged record? A: In most states, private employers cannot access expunged records through standard background checks, and you generally don't have to disclose expunged convictions. However, some government jobs, security clearances, and professional licenses may require disclosure.
Q: What if I can't afford the filing fees? A: Many courts offer fee waiver programs for low-income petitioners. Legal aid societies and nonprofit expungement clinics may also be able to help reduce or cover costs. Some states have also implemented automatic expungement programs that are free.
Q: Can I expunge a DUI conviction? A: This varies significantly by state. Some states allow DUI expungement after a waiting period; others prohibit it entirely. The number of DUI offenses on your record also matters. Use this tool to check your specific state's approach.
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