The True Cost of Expungement in North Carolina: Filing Fees and Attorney Costs

The Core Costs of Expungement in North Carolina

When considering clearing your criminal record, understanding the financial investment is one of the most important first steps. The total cost of an expungement in North Carolina varies significantly depending on the nature of the charge you are trying to remove and whether you choose to hire legal representation. Navigating the fee structures set by the state legislature requires looking at the specific statutes that govern your type of case. Let's break down the expected expenses so you can properly budget for this legal process.

The Standard $175 Filing Fee

For most conviction expungements in the state, the law requires a mandatory court filing fee. According to N.C. Gen. Stat. § 15A-145.5, individuals seeking to expunge a non-violent misdemeanor or felony conviction must pay a non-refundable $175 filing fee. This fee is paid directly to the local courthouse, such as the Guilford County Clerk of Superior Court, Greensboro or wherever your case was originally heard. This money goes toward the administrative costs of processing the extensive paperwork through various state agencies.

When Are Court Filing Fees Waived?

The good news for many North Carolinians is that not all expungements require a court fee. Under N.C. Gen. Stat. § 15A-146, if you are applying to expunge a charge that resulted in a voluntary dismissal or a not guilty verdict, the state waives the $175 fee entirely. However, an important distinction applies: if your charges were dismissed as a result of completing a deferred prosecution agreement or conditional discharge program, you are statutorily required to pay the full $175 filing fee unless the court grants you indigent status. Understanding how your case was resolved is therefore critical to budgeting your expungement costs accurately.

Hidden Costs You Need to Prepare For

Even if you qualify for a fee waiver on the main court filing, there are often smaller, easily overlooked expenses involved in preparing a comprehensive expungement petition. Being aware of these hidden costs will help you avoid surprises when gathering your documents.

Certified Background Checks

Before drafting your petition, it is highly recommended to obtain a certified copy of your criminal record. This ensures you list the exact dates, file numbers, and statutory charges correctly on your forms. You can request a local background check from your county courthouse for a nominal fee, usually around $25 to $30. In some cases, attorneys may suggest getting a more comprehensive statewide search or fingerprint-based check from the North Carolina State Bureau of Investigation, Raleigh, which typically incurs its own processing fees.

Notary Fees and Administrative Expenses

Many of the official forms required by the North Carolina Administrative Office of the Courts must be signed under oath in front of a notary public. If you do not have free access to a notary through your bank or employer, you can expect to pay a small fee per signature, usually between $5 and $10. Additionally, there are minor costs associated with printing documents, mailing certified letters to relevant agencies if required, and traveling to the courthouse.

Average Attorney Fees for Expungement in NC

While the state forms are technically available to the public, the legal nuances of the expungement process lead many applicants to hire a professional. Attorney fees for expungements are typically charged on a flat-fee basis rather than hourly. This means you will know the exact cost upfront. For simple cases, such as a single dismissed charge using Form AOC-CR-287, North Carolina, Administrative Office of the Courts, Petition And Order Of Expunction Under G.S. 15A-146(a) Or G.S. 15A-146(a1) (Charge(s) Dismissed), local attorney retainers often range from $500 to $1,000. For more complex conviction expungements that require affidavits of good character or multiple court appearances, legal fees can range from $1,500 to $2,500 or more. You can easily find an experienced lawyer through our catalog to discuss specific pricing for your unique situation.

Breakdown of Potential Expungement Costs

Here is a quick reference table to help you estimate the potential financial commitment for clearing your record in North Carolina.

Frequently Asked Questions (FAQ)