How Much to Get a Felony Expunged?
What is Expungement?
Before we dive into the cost of expungement, let’s first understand what it means. Expungement is the process of sealing or erasing a criminal record, which means that the record is removed from public access and cannot be used against the individual in most situations. This is a complex legal process that requires the assistance of a qualified attorney.
Why Get a Felony Expunged?
There are several reasons why individuals may want to expunge a felony conviction. These include:
• Job Opportunities: Many employers perform background checks on job applicants, and a felony conviction can make it difficult to find employment. Expungement can help individuals with a felony conviction to become more competitive in the job market.
• Education: Some educational institutions require applicants to disclose criminal convictions. Expungement can help individuals with a felony conviction to access education and training opportunities.
• Housing: A felony conviction can make it difficult to rent or purchase a home. Expungement can help individuals with a felony conviction to secure stable housing.
• Self-Esteem: Having a felony conviction can have a significant impact on an individual’s self-esteem and mental health. Expungement can help individuals to feel more confident and less stigmatized.
How Much to Get a Felony Expunged?
The cost of expungement can vary depending on the state and the specific circumstances of the case. Here are some general estimates:
• Filing Fees: Filing fees for expungement can range from $100 to $1,000. These fees cover the cost of preparing and submitting the expungement petition to the court.
• Attorney Fees: Attorney fees for expungement can range from $500 to $5,000 or more, depending on the complexity of the case and the experience of the attorney. It’s essential to find an attorney who is knowledgeable and experienced in expungement law.
• Other Costs: Other costs associated with expungement can include court costs, background check fees, and DNA testing fees.
What to Expect During the Expungement Process
The expungement process can take several months to a year or more to complete. Here’s an overview of what you can expect:
• Initial Consultation: You’ll need to consult with an attorney to discuss your case and determine if you’re eligible for expungement.
• Filing the Petition: The attorney will prepare and file the expungement petition with the court.
• Court Hearing: A court hearing will be scheduled, where you’ll need to appear before a judge to discuss the petition.
• Judge’s Decision: The judge will make a decision regarding the petition, and you’ll be notified of the outcome.
Who Qualifies for Expungement?
Not everyone qualifies for expungement. To be eligible, you must meet the following criteria:
• Mandatory Waiting Period: You must have completed your sentence and waited a certain period of time before applying for expungement. This waiting period varies by state and can range from one to five years.
• No Outstanding Fines or Fees: You must have paid all outstanding fines and fees associated with the conviction.
• No Current or Pending Charges: You must not have any current or pending charges against you.
Expungement by State
The cost and eligibility requirements for expungement vary by state. Here’s a breakdown of the costs and eligibility requirements for expungement in different states:
| State | Filing Fee | Attorney Fee | Waiting Period | Eligibility Requirements |
|---|---|---|---|---|
| California | $218 | $2,000 – $5,000 | 5 years | Must have completed sentence, paid all fines and fees, and not have any current or pending charges |
| Florida | $850 | $1,000 – $3,000 | 3 years | Must have completed sentence, paid all fines and fees, and not have any current or pending charges |
| Illinois | $230 | $1,500 – $3,000 | 4 years | Must have completed sentence, paid all fines and fees, and not have any current or pending charges |
| New York | $45 | $1,000 – $2,000 | 5 years | Must have completed sentence, paid all fines and fees, and not have any current or pending charges |
| Texas | $140 | $1,000 – $2,500 | 5 years | Must have completed sentence, paid all fines and fees, and not have any current or pending charges |
Conclusion
The cost of expungement can vary depending on the state and the specific circumstances of the case. While it may seem expensive, the benefits of expungement can be significant, including improved job and education opportunities, reduced housing costs, and increased self-esteem. If you’re considering expungement, it’s essential to consult with a qualified attorney to determine your eligibility and the cost associated with the process.
