How Much Does an Expungement Cost in Arkansas: Lawyer Fees & Court Costs

Having a criminal record in Arkansas can severely limit your ability to secure a good paying job, rent a safe apartment, or obtain necessary professional licenses. In today's competitive market, almost every employer runs a background check. Fortunately, Arkansas law allows individuals to seal their past mistakes through a legal process historically known as expungement. For residents in Little Rock, Fayetteville, Fort Smith, and Springdale, one of the most pressing questions is about the financial investment required to clear their name and regain their reputation. Understanding these costs is critical for planning your financial future. If you are ready to move forward and want to avoid costly paperwork errors, you can easily find a qualified local attorney in our USA Lawyers Directory to guide you through the process from start to finish.

Understanding Arkansas Record Sealing Under Ark. Code Ann. § 16-90-1401

In Arkansas, the term expungement is now legally referred to as sealing a record under the Comprehensive Criminal Record Sealing Act, codified at Ark. Code Ann. § 16-90-1401 et seq. When a record is sealed, it is officially hidden from public view. This allows you to legally state on most standard job applications that you do not have a criminal conviction, giving you a fresh start. However, this legal process comes with specific administrative background check fees and attorney retainers that you must prepare for before filing.

Step 1: Court Filing Costs and Criminal History Record Fees

Unlike some states with exorbitant and fluctuating court fees, Arkansas has made record sealing financially accessible to the general public. Under Ark. Code Ann. § 16-90-1419, circuit clerks and district court clerks are prohibited by statute from collecting any filing fee for a Form Uniform Petition to Seal, Arkansas, Arkansas Crime Information Center, Uniform Petition to Seal Records in any local court, such as the Pulaski County Circuit Court, Little Rock, making the court filing fee exactly $0. Additionally, before filing, your attorney must pull your official criminal history record through the Arkansas State Police Identification Bureau, Little Rock under Ark. Code Ann. § 12-12-1001. This state background check costs $25 for a mail-in paper request, $22 to $24 through the Arkansas State Police online system, or $36.25 to $37 for a combined state and FBI fingerprint check.

Step 2: Standard Attorney Retainers

While it is technically possible to file the paperwork yourself, a single clerical mistake or missed statutory deadline can result in a harsh denial, requiring you to start the entire process over. Hiring a lawyer ensures the correct statutes are cited and all eligibility requirements are met. Most criminal defense attorneys in Arkansas charge a flat fee retainer for record sealing rather than an hourly rate. For a straightforward, uncontested case, attorney fees generally range from $750 to $1,500. This standard fee usually covers drafting the comprehensive petition, handling all communication with the local prosecutor, and attending the final court hearing if the judge requires one.

Step 3: Misdemeanor vs. Complex Felony Cost Differences

The severity and complexity of your criminal record directly impacts your overall attorney fees. Sealing a simple, first-time non-violent misdemeanor, such as minor marijuana possession or public intoxication, requires minimal court intervention, keeping legal fees on the lower end of the spectrum (usually $750 to $1,000). However, sealing a complex felony is significantly more labor-intensive. Felonies often draw intense scrutiny and formal objections from the local prosecuting attorney. This requires your lawyer to prepare for a highly contested hearing, gather character witnesses, present formal evidence of your rehabilitation, and passionately argue before a judge. Because of this extra workload and litigation risk, legal representation for sealing a felony often ranges from $1,500 to $3,000 or more depending on the county.

Step 4: Elimination of Court Filing Fees and In Forma Pauperis

Under prior legislation, indigent petitioners had to file a Form Affidavit of Indigency, Arkansas, Arkansas Supreme Court, Affidavit of Indigency (In Forma Pauperis) to petition the court to waive a $50 filing fee. However, the Arkansas General Assembly enacted Act 680 of 2019, amending Ark. Code Ann. § 16-90-1419 to eliminate filing fees completely for uniform petitions to seal. Because court clerks cannot charge any filing fees for record sealing petitions, low-income applicants no longer need to submit indigent affidavits or file In Forma Pauperis petitions to initiate the record sealing process.

Average Cost Breakdown in Arkansas

How Long Does the Process Take?

Once you pay your legal fees and your attorney formally files the petition with the local clerk, the state has a strictly mandated 30-day window for the prosecutor and law enforcement to review the case and object. If there are no objections, a judge may sign the order shortly after this period expires. Overall, assuming the court docket is not severely backlogged, a standard uncontested record sealing takes approximately 90 to 120 days from the exact date of filing until the ACIC officially removes the charge from their public databases.

Frequently Asked Questions (FAQ)