How Much Does It Cost to Have a Record Expunged in North Carolina?

Having a criminal record can create long-term challenges with employment, housing, education, and peace of mind. For many, expungement offers a fresh start, but one of the most common questions people ask is, “How much does it cost to have a record expunged in North Carolina?” The answer depends on several factors, including the type of charge, the outcome of the case, and whether you qualify for fee waivers.

Standard Filing Fees for Expungement in North Carolina

In most cases, North Carolina law requires you to pay a $175 filing fee to petition for expungement. You must pay this fee to the clerk of court when you submit the petition. The fee is required for many types of convictions, even some misdemeanors and felonies that are not violent.

The filing fee cannot be refunded, regardless of whether your request gets approved. The fee does not include any associated costs for legal representation or for the preparation of documents. Filing for more than one expungement or if you have a complex record, costs can rise. The first step to moving forward is to learn whether your case qualifies for a fee waiver or lower cost.

Fee Waivers for Dismissed Charges or Not Guilty Verdicts

If your case was dismissed or you were found not guilty, then you should qualify for free expungement without the $175 filing fee. According to North Carolina law, you can expunge certain dismissed and not guilty cases at no cost if you submit the necessary paperwork correctly.

You can also file an Affidavit of Indigency if you can prove financial hardship. This will not be guaranteed to be granted, but it will allow the court to waive the fees. This can make expungement much more accessible. It is also important to understand what can and cannot be expunged for free up front, so that you do not waste your time and money and become frustrated down the road.

Other Expenses That May Be Involved in the Process

In addition to filing fees, additional costs may occur when seeking expungement. Certified copies of court records, notary fees for affidavits, and mailing expenses when submitting court documents can all add to the overall costs. If a court hearing is required for your request, travel and time-off expenses may also apply.

The most considerable additional cost you may encounter is with attorney’s fees if you choose to hire an expungement lawyer, which will vary depending on the complexity of your case. Many lawyers offer flat-rate expungement services, and some charge by the hour. These fees are likely worthwhile if you want to avoid denials, delays, or filing errors. An expungement attorney may be particularly valuable if your case presents some unique legal issues.

How Attorney Fees Vary in Expungement Cases

Attorney fees for North Carolina expungement vary based on the facts of your case and the record you want to expunge. Legal fees for a simple dismissal or not-guilty verdict can be on the low end of the spectrum. Expungements that do not require a hearing are typically less expensive. The more involved your expungement, the higher the cost. This is because older convictions and multiple charges require more research, court time, and interaction with the district attorney.

Flat fees are common in the expungement space, whereas some lawyers charge by the hour. Ask each lawyer about their pricing, the scope of services, and inclusions before hiring one. The right lawyer can save you time and protect you from avoidable mistakes.

FAQs

How Much Is the Filing Fee for Expungement in North Carolina?

The filing fee for an expungement in North Carolina is $175. The fee applies to most petitions for expungement of a conviction, including eligible misdemeanors and nonviolent felonies. The fee is paid to the clerk of court. The fee is nonrefundable, even if the petition is denied. The $175 filing fee does not include additional attorney fees, certified records, or mailing costs associated with an expungement.

Can You Get a Fee Waiver for Expungement in North Carolina?

Under specific conditions, expungement fee waivers can be requested in North Carolina. If your case was dismissed or you were found not guilty, then you can have the filing fee waived. You may also request a waiver based on financial hardship by filing an Affidavit of Indigency. The court will evaluate each request, and it is not automatically granted, but it can lessen the total cost.

Does Expungement Completely Erase a Criminal Record?

Expunction in North Carolina means that a charge or conviction is inaccessible to the public, but it is not necessarily removed from all government records. Law enforcement and certain government agencies may still be able to see sealed records in limited circumstances. After expunction, the record will no longer show up in most background checks, and you can legally state you have not been convicted of that offense in most cases.

Can Expungement Help Me Pass a Background Check for a Job?

Yes, expungement can help you pass a background check for a job in NC. Once your record has been expunged, the charge or conviction will no longer appear on most standard background checks performed by employers. This means that you will be able to apply for jobs without a prior record. Sealed records can, sometimes, still be seen by some government or licensing agencies in limited circumstances.

Contact LAWSMITH, The Law Offices of J. Scott Smith, PLLC

North Carolina courts granted 78,473 expunctions in fiscal year 2022–2023. Expungement lets you start anew without your past charge or conviction limiting your future opportunities. With the right support and legal guidance, in addition to filing fees, potential lawyer fees, and document costs, you can receive the opportunity to get a job, housing, and peace of mind.

If you’re not sure if you’re eligible or need assistance getting started on your expungement, LAWSMITH, The Law Offices of J. Scott Smith, can help you every step of the way with clarity and experience. Contact us to book a consultation today.