Expungement Lawyer Cost Breakdown
$1,000 to $5,000 is the typical range for hiring an expungement lawyer, with the cost depending primarily on the type and number of records you want cleared. Unlike other criminal defense work, expungement is a post-conviction process that follows a relatively predictable path: determining eligibility, gathering documentation, filing the petition, and attending a hearing. This predictability makes flat fee billing the universal standard for expungement work.
| Expungement Type | Typical Cost Range |
|---|---|
| Single misdemeanor (simple) | $1,000 - $1,500 |
| Single misdemeanor (complex or contested) | $1,500 - $2,500 |
| Single felony | $2,000 - $3,500 |
| Multiple records (2-3 charges) | $2,500 - $4,000 |
| Multiple records (4+ charges) | $3,500 - $5,000+ |
| Arrest record only (no conviction) | $500 - $1,500 |
Attorney fees do not include court filing fees, which range from $100 to $400 depending on the state and county. Some jurisdictions also require fees for background checks or certified copies of court records. Budget an additional $150 to $500 beyond the attorney fee for these expenses.
The return on investment for expungement is often significant. A criminal record can reduce lifetime earnings by $100,000 to $500,000 or more due to limited job opportunities, denied promotions, and difficulty securing housing. The $1,000 to $5,000 attorney fee pays for itself many times over if the expungement removes barriers to better employment and housing.
Factors That Affect Expungement Lawyer Cost
$1,000 to $5,000 covers a fivefold range. Here is what determines where your case falls.
Type of conviction is the primary cost driver. Misdemeanor expungements are simpler because most states have clear, straightforward eligibility rules for misdemeanors. Felony expungements involve more legal work because eligibility requirements are stricter, prosecutors are more likely to object, and the hearing process can be more involved. In states that allow felony expungement, attorneys charge 50% to 100% more than for misdemeanor cases.
Number of records directly affects cost. Each additional record requires its own petition or a combined petition with additional documentation. Some attorneys charge a flat fee per record ($500 to $1,500 each), while others offer a package price for clearing multiple records. If you have four or five records to expunge, the total cost can reach $3,500 to $5,000, though a package deal may bring the per-record cost down.
State-specific rules create major cost differences. Some states (like California and Illinois) have relatively simple expungement procedures with standard forms that any attorney can complete quickly. Other states have complex processes requiring extensive documentation, character references, and detailed petitions explaining why the court should grant the expungement. States with more complex processes result in higher attorney fees.
Prosecutor opposition can increase costs. In most expungement cases, the prosecutor either does not object or files a routine objection that is easily addressed. But if the prosecutor actively opposes your expungement, your attorney will need to prepare additional arguments, gather supporting evidence (employment history, community involvement, rehabilitation efforts), and potentially call witnesses at the hearing. This additional work can add $500 to $2,000 to the total cost.
Geographic location follows the usual pattern. Attorneys in rural areas and small cities charge $750 to $1,500 for a simple expungement. Mid-size city attorneys charge $1,000 to $2,500. Major metro attorneys charge $1,500 to $3,500 or more.
What Records Can Be Expunged?
$1,000 to $5,000 in attorney fees only makes sense if your record is actually eligible for expungement. Eligibility varies significantly by state, but most states allow expungement of the following types of records.
Misdemeanor convictions are the most commonly expunged records. Most states allow misdemeanor expungement after a waiting period of one to five years, provided you have completed all sentence requirements (probation, fines, community service) and have no subsequent criminal charges. A criminal defense lawyer ($2,500 to $25,000 for the original case) may have mentioned expungement eligibility at the time of sentencing.
Non-violent felony convictions are eligible in many states, though the requirements are stricter. Waiting periods for felony expungement are typically five to ten years, and some states require a hearing where the judge evaluates your rehabilitation. Drug possession felonies and property crime felonies are the most commonly expunged felony types.
Arrests without conviction are often the easiest and cheapest records to expunge. If you were arrested but the charges were dropped, dismissed, or you were acquitted, many states allow immediate expungement. Attorney fees for arrest-only expungements typically run $500 to $1,500.
Juvenile records are automatically sealed in many states when you turn 18, but some states require a petition. The cost for juvenile record expungement is typically $500 to $2,000.
Records that generally cannot be expunged include violent felonies (murder, aggravated assault, armed robbery), sex offenses requiring registration, crimes against children, and DUI convictions in certain states. If you were convicted of a DUI ($1,500 to $10,000 for the original defense) or DWI ($1,500 to $10,000), check your state's specific rules since some states allow expungement of these offenses after a waiting period while others do not. If you are unsure about your eligibility, most expungement attorneys will assess your records during a free or low-cost consultation.
How to Save Money on Expungement
$500 to $1,500 is possible for simple cases if you explore all available options.
Check for free expungement programs. Many states, counties, and nonprofit organizations offer free or low-cost expungement clinics. Legal aid societies, law school clinics, and public defender offices sometimes handle expungement cases at no charge for qualifying individuals. Some states have passed "clean slate" laws that automatically expunge certain records without any petition or attorney required.
File on your own for simple cases. For a single misdemeanor expungement where the eligibility is clear and no prosecutor opposition is expected, filing pro se (on your own) is a realistic option. Many courts provide the petition forms and instructions online. Court filing fees ($100 to $400) would be your only cost. This approach works best for arrests without conviction or minor misdemeanor convictions with a clear waiting period that has been met.
Bundle multiple records. If you have several records to expunge, hiring one attorney to handle all of them is cheaper than paying separately for each. Most attorneys offer a discounted per-record rate for multiple expungements. A package deal for three records might cost $2,500 to $3,500 total versus $1,500 each if handled separately.
Get multiple quotes. Expungement is relatively standardized legal work, and attorney fees can vary by $500 to $2,000 for the same type of case. Talk to at least two or three attorneys before choosing one. Ask specifically about their experience with expungements in your county and how many they have successfully completed.
A misdemeanor lawyer ($1,000 to $5,000 for the original case) who handled your initial defense may offer a discount for the expungement since they are already familiar with your case and the local court system.
The Expungement Process - Step by Step
$1,000 to $5,000 in attorney fees covers a process that typically takes 2 to 6 months. Here is what the process looks like.
Step 1: Eligibility review. Your attorney reviews your criminal record, determines which convictions or arrests qualify for expungement under your state's laws, and checks that all waiting periods have been met. This usually happens during the initial consultation.
Step 2: Document gathering. You and your attorney collect the necessary documents: certified copies of court records, proof that all sentence requirements were completed (probation, fines, community service), and any supporting materials like employment records or character references. This step typically takes one to four weeks.
Step 3: Petition filing. Your attorney prepares and files the expungement petition with the court, paying the filing fee and serving copies on the prosecutor's office. The petition explains why you are eligible and why the court should grant the expungement. Filing typically happens two to four weeks after the initial consultation.
Step 4: Waiting period. After filing, there is a waiting period before the hearing date, typically 30 to 90 days. During this time, the prosecutor reviews the petition and decides whether to object. Your attorney may communicate with the prosecutor to address any concerns.
Step 5: Court hearing. You and your attorney appear before a judge. In many cases, the hearing is brief (10 to 20 minutes) and the judge grants the expungement without opposition. If the prosecutor objects, the hearing may be longer, and your attorney will present arguments and evidence supporting the expungement.
Step 6: Order and record clearing. Once the judge signs the expungement order, it is sent to law enforcement agencies and court record systems for processing. It can take an additional 30 to 90 days for the record to be fully cleared from all databases and background check systems.
Expungement Lawyer - Fee Structures
$1,000 to $5,000 as a flat fee is how nearly all expungement attorneys bill. Hourly billing is extremely rare for expungement work because the process is predictable and the scope of work is well-defined.
| Record Type | Typical Flat Fee |
|---|---|
| Arrest record (no conviction) | $500 - $1,500 |
| Single misdemeanor | $1,000 - $2,500 |
| Single felony | $2,000 - $3,500 |
| Multiple records (package) | $3,000 - $5,000+ |
The flat fee typically includes the eligibility assessment, document preparation, petition filing, communication with the prosecutor, and representation at the hearing. Court filing fees ($100 to $400) and certified copy fees ($20 to $50 per document) are usually billed separately as pass-through expenses.
Some attorneys offer a "money-back if denied" guarantee, meaning they refund part or all of the attorney fee if the expungement is denied. This is most common for straightforward cases where the attorney is confident in the eligibility analysis. Ask about this option during your consultation, as it provides an extra layer of protection for your investment.
Be cautious of extremely low-cost expungement services (under $500) advertised online. Some of these are document preparation services, not law firms, and they cannot represent you in court if problems arise. Others charge low initial fees but add charges for each step of the process. Always confirm you are hiring a licensed attorney and get the full fee breakdown in writing before paying.
Frequently Asked Questions
How much does an expungement lawyer cost?
An expungement lawyer costs $1,000 to $5,000 on average. A single misdemeanor expungement typically costs $1,000 to $2,500 as a flat fee. Felony expungements cost $2,000 to $3,500 due to the more complex process. Expunging multiple records can run $3,000 to $5,000 or more. Court filing fees of $100 to $400 are usually in addition to the attorney fee.
What records can be expunged?
Expungement eligibility varies by state, but generally includes misdemeanor convictions, some non-violent felony convictions, arrests that did not result in conviction, juvenile records, and dismissed or acquitted charges. Most states do not allow expungement of serious violent felonies, sex offenses, or crimes against children. DUI convictions can be expunged in some states but not others. An expungement attorney can review your specific records and determine which ones are eligible in your state.
How long does the expungement process take?
The expungement process typically takes 2 to 6 months from start to finish. Simple single-record expungements in states with efficient court systems can be completed in as little as 4 to 8 weeks. Complex cases involving multiple records, felony convictions, or states with slower court processes can take 6 to 12 months. The timeline includes gathering documents, preparing and filing the petition, waiting for a court hearing date, and receiving the judge's order.
Can I file for expungement without a lawyer?
Yes, you can file for expungement on your own (called filing pro se). Many courts provide the necessary forms and instructions. However, the process can be confusing, and errors in your petition can result in delays or denial. An attorney costs $1,000 to $5,000 but ensures the paperwork is filed correctly, represents you at the hearing, and addresses any objections from the prosecutor. For straightforward single-record misdemeanor expungements, filing on your own is reasonable. For felonies or multiple records, hiring an attorney is strongly recommended.
What is the difference between expungement and record sealing?
Expungement and record sealing are similar but not identical. Expungement typically means the record is destroyed or erased as if the arrest or conviction never happened. Record sealing means the record still exists but is hidden from public view and most background checks. Some states offer one but not the other. In practical terms, both prevent most employers and landlords from seeing the record. The process and cost are similar for both, typically $1,000 to $5,000 for attorney fees.
Sources and Methodology
Cost data based on legal industry surveys, state bar association fee reports, and published attorney rate guides.