The cost to get your record expunged in California primarily depends on the type of offense and whether you hire legal assistance.
Court Filing Fees
The California courts charge a fee for filing a petition to dismiss or expunge a criminal record. These fees vary based on the offense category:
| Offense Type | Filing Fee (Per Case) |
|---|---|
| Felony | $120 |
| Misdemeanor | $60 |
| Infraction | No filing fee |
It's important to note that these are court filing fees. If you have multiple cases you wish to expunge, the fee applies to each eligible case. For example, expunging two separate misdemeanor cases would incur $120 in filing fees ($60 x 2).
Additional Potential Costs
Beyond the mandatory court filing fees, you may encounter other expenses during the expungement process:
- Attorney Fees: While it's possible to file for expungement yourself, many individuals choose to hire an attorney. Legal fees can vary significantly based on the complexity of your case, the attorney's experience, and their fee structure (e.g., flat fee, hourly rate). These costs can range from a few hundred to several thousand dollars.
- Administrative Costs:
- Fingerprinting and Background Checks: You may need to pay for new fingerprints (Live Scan) to obtain your criminal record history, which is often required for the expungement petition.
- Certified Copies: Fees may apply for obtaining certified copies of court documents, such as your conviction record or proof of probation completion.
- Mailing Costs: Expenses for sending certified mail or other necessary correspondence.
Fee Waivers and Legal Aid
For individuals with low incomes, it may be possible to request a court fee waiver, which can eliminate the court's filing fee for the expungement petition. Eligibility for fee waivers is based on your household income and public assistance status. Additionally, many legal aid organizations and public defenders' offices offer free or low-cost assistance with expungement cases for eligible individuals.
Key Considerations
- Eligibility: Before incurring any costs, ensure you meet the eligibility requirements for expungement in California, which typically include completing probation, paying all fines, and not having any new criminal charges.
- Process Duration: The expungement process can take several months, depending on the court's caseload and the specifics of your case.
- Scope of Expungement: An expungement (or dismissal under Penal Code 1203.4) does not erase your record entirely but generally allows you to honestly state that you have not been convicted of the crime for most private employment applications. For certain purposes, like applying for public office or professional licenses, the conviction may still be disclosed.
For more detailed information on the expungement process and forms, you can refer to the California Courts Self-Help Guide.
