How Much Does It Cost to Seal a Criminal Record in Washington D.C.? Attorney Fees & Court Costs Explained

Having a criminal record in the District of Columbia can severely limit your housing options, career growth, and educational opportunities. Fortunately, D.C. law allows individuals to seal their arrest and conviction records under certain conditions. Often colloquially referred to as 'expungement,' record sealing hides your past from public background checks, allowing you to move forward with a clean slate.

Many people delay the process because they fear exorbitant legal costs. However, understanding the exact financial breakdown can help you budget and take action. Depending on the circumstances, the court might waive certain administrative costs entirely. This guide explains the true cost of sealing a record in D.C., from mandatory police clearances to hiring private legal representation. We highly encourage utilizing our US Lawyers directory to find an experienced local attorney to help you navigate this life-changing process.

Filing Fees for Motions under D.C. Code § 16-803

In many states, courts charge hundreds of dollars just to process expungement paperwork. The District of Columbia is unique and much more favorable to applicants. When you file a standard motion to seal 'in the interests of justice' under D.C. Code § 16-803, the Superior Court of the District of Columbia, Washington generally does not charge a filing fee for the motion itself. You can submit your Form Non-Numbered, District of Columbia, Superior Court of the District of Columbia, Motion to Seal Criminal Records Pursuant to D.C. Code § 16-803 to the criminal clerk's office without paying an upfront administrative fee. This makes the legal system much more accessible for residents trying to clear their names.

Hidden Costs: FBI Background Checks and Notary Fees

While the court does not charge a filing fee, you must provide supporting documentation to prove you have not been arrested in other jurisdictions while waiting for your sealing eligibility period to pass. Gathering this evidence costs money.

You are required to submit an official police clearance from the Metropolitan Police Department, Washington, which costs approximately $7 per document. Additionally, you must obtain a nationwide criminal history summary from the FBI. Getting fingerprinted and processing the FBI background check usually costs around $18, plus any fees charged by local third-party fingerprinting services (usually $20 to $50). Finally, any affidavits submitted with your motion must be notarized, which may cost a small fee if your attorney's office does not provide notary services in-house.

Attorney Fees: Flat Fee vs. Hourly

The largest expense in sealing a criminal record is hiring an attorney. While you are legally allowed to file the paperwork yourself, D.C. record sealing laws are notoriously complex. A single error on your motion can result in a denial, forcing you to wait years before you are allowed to reapply. Hiring a lawyer ensures the prosecutor's objections are expertly countered.

Most criminal defense attorneys in D.C. charge a flat fee for record sealing. A flat fee means you pay one agreed-upon price covering everything from document preparation to attending the final hearing. Hourly billing is rare for standard sealing cases, but might be used if your case involves extensive litigation or appeals.

Fee Waivers (In Forma Pauperis) for Indigent Applicants in D.C.

If you are experiencing severe financial hardship, the District of Columbia will not let poverty prevent you from seeking justice. If you cannot afford any incidental court costs or service fees (such as paying a process server to notify victims in certain cases), you can file a Form 106A, District of Columbia, Superior Court of the District of Columbia, Application to Proceed Without Prepayment of Costs, Fees, or Security under D.C. Code § 15-712 (often called an In Forma Pauperis application). If the judge approves your application, the court covers standard administrative costs. Precedents like Green v. Green, 562 A.2d 1214 (DC Court of Appeals 1989) have long established the importance of allowing indigent individuals access to the courts without financial barriers.

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