You can get your criminal record expunged for free by asking the court to waive its filing fees, working with a legal aid organization or law school clinic instead of hiring a private attorney, attending a community expungement fair, or living in a state whose Clean Slate law seals qualifying records automatically. Filing fees usually run between $100 and $400, and courts routinely waive them for people who can show financial hardship. Free legal help removes the other big cost, which is the attorney.
Check Whether Your State Clears Records Automatically
The cheapest expungement is the one you don’t have to file. More than a dozen states and Washington, D.C. have passed Clean Slate laws that automatically seal qualifying criminal records after a set period with no new offenses. No petition, no filing fee, no court appearance. The state identifies eligible records and seals them on its own.
Most Clean Slate laws cover arrest records and misdemeanor convictions, and a growing number reach some felony offenses. Waiting periods run from a few years to about a decade depending on the seriousness of the offense. These systems take time to roll out, and not every eligible record gets processed on schedule, so pull your state criminal history report to see whether yours has already been cleared before starting any paperwork.
Confirm You Qualify Before You File
Eligibility rules vary by state, but most share the same framework. You generally qualify if you completed your full sentence, including probation or parole, stayed out of trouble since then, and waited through a cooling-off period that typically runs one to five years after your sentence ended.
Misdemeanors and nonviolent felonies are the most likely to qualify. Violent felonies, sex offenses, and crimes against children are almost universally excluded. Some states also exclude certain theft offenses or serious traffic crimes like DUI. If your record has multiple convictions, some states cap expungement at one or two offenses; others let you clear several at once. Juvenile records are usually treated more favorably, with broader eligibility and, in many states, automatic sealing at a certain age.
Get the Court Filing Fee Waived
Every state has a fee waiver process that lets you ask the court to waive or reduce filing fees based on your financial situation. State courts call these fee waiver requests or poor person’s relief applications. Federal courts use an application to proceed without prepaying fees or costs, available through the U.S. Courts system.1United States Courts. Fee Waiver Application Forms
You’ll typically qualify for a waiver in one of three ways:
- You already receive means-tested public benefits like SNAP, Medicaid, or SSI.
- Your income falls below a set threshold, often tied to a percentage of the federal poverty guidelines.
- You can show that paying the fee would prevent you from covering basic household necessities.
The application asks about your income, assets, monthly expenses, and any public benefits. A judge reviews it and either grants the waiver, offers a payment plan, or denies the request. To start, contact the clerk’s office at the court where you’ll file your petition, ask for the fee waiver form, fill in your financial information, and submit it with your expungement paperwork. If you get public benefits, mention that prominently; it often speeds approval. Some courts accept these forms online, though many still require paper filing.
One thing to budget for even with a waiver: some states require a criminal history report or certificate of eligibility from the state police before you can petition, which can add $15 to $30, and occasionally more for fingerprint-based searches.
Find Free Legal Help for the Petition
Filing fees are only part of the cost. The petition itself, the supporting documents, and the hearing can be complicated, and a private attorney can push the total into the thousands. Several types of organizations handle expungement for free.
Legal Aid Organizations
The Legal Services Corporation, a nonprofit established by Congress in 1974, funds 130 independent legal aid organizations across every state, the District of Columbia, and U.S. territories.2Legal Services Corporation. I Need Legal Help Many handle expungement as part of their record-clearing work. Search for a local program by entering your address on the LSC website, or use LawHelp.org, which connects people to free legal forms and legal aid providers state by state. Most programs require income below 125% to 200% of the federal poverty guidelines.
Law School Clinics
Many law schools run clinical programs where law students, supervised by licensed attorneys, handle real expungement cases at no cost. Search for “[your state] law school expungement clinic” or contact your nearest law school’s clinical programs office. Some clinics limit their services to certain counties or populations such as veterans, so check eligibility first.
Expungement Fairs
Public defender offices, bar associations, and community organizations regularly hold free expungement fairs where volunteer attorneys help attendees review their records, determine eligibility, and file petitions on the spot. These events run in community centers, churches, and courthouses, and some bring in prosecutors who can agree to expungement without a full hearing. Search for “expungement fair” or “record clearing event” in your area, or ask your local public defender’s office and bar association about upcoming dates.
Filing the Petition Yourself
If automatic sealing doesn’t apply and you can’t get to a clinic or fair, you can still do this on your own with a fee waiver. The process generally follows the same arc across jurisdictions.
Start by getting a copy of your criminal history from your state’s record repository, usually the state police or department of public safety. That tells you exactly what’s on your record and which charges are eligible. Then get the correct petition form from the clerk’s office at the court that handled your original case. The petition asks about the offense, case number, date of conviction or dismissal, and sentencing. Some jurisdictions also ask you to describe your rehabilitation, including employment, education, and community involvement, and to explain why expungement serves the interest of justice.
File the petition along with your fee waiver. The court then schedules a hearing, and in many jurisdictions the prosecutor has 30 to 60 days to review and object. If there is no objection, some courts grant expungement without a hearing. If there is a hearing, you present your case and the judge weighs the seriousness of the offense, how long ago it happened, and your conduct since. From filing to final order usually takes one to four months, longer on busy dockets.
Federal Convictions: A Narrow Path
There is no general federal expungement statute. If you were convicted of a federal crime, you almost certainly cannot get that conviction wiped from your record, whether you pay for it or not. The one narrow exception is first-time simple drug possession under the Controlled Substances Act. A court can place a first-time possession offender on probation for up to a year without entering a conviction, and if the person completes probation without a violation, the case is dismissed. For people who were under 21 at the time of the offense, the court will then expunge all records of the arrest and proceedings upon request.3Office of the Law Revision Counsel. 18 USC 3607 – Special Probation and Expungement Procedures for Drug Possessors Everyone else 21 or older gets the dismissal but not the record expungement.
Make Sure the Record Is Actually Cleared
A court order is the critical first step, not the finish line. Your record sits in several databases at once: the court’s files, the state criminal history repository, the FBI’s national database, and many private background check companies. The court order pushes agencies to update, but updates take time and sometimes get missed.
Get a certified copy of the order from the clerk’s office. Follow up with your state repository and local law enforcement to confirm they’ve updated their files. Running a new background check on yourself through the state repository is the most reliable check. If the expunged record still appears, send a copy of the court order to the agency and request correction.
Private background check companies, known legally as consumer reporting agencies, keep their own records and don’t always update promptly. Federal law requires them to follow reasonable procedures to ensure maximum possible accuracy.4Office of the Law Revision Counsel. 15 USC 1681e – Compliance Procedures The Consumer Financial Protection Bureau has stated that reporting an expunged or sealed record is inaccurate and misleading, and that these companies must have procedures to prevent it.5Consumer Financial Protection Bureau. Fair Credit Reporting – Background Screening Advisory Opinion
Expunged records still show up on private checks more often than they should. When that happens, you can dispute the inaccuracy directly with the company for free. Under the Fair Credit Reporting Act, the company has to investigate and either correct or delete the information within 30 days.6Office of the Law Revision Counsel. 15 USC 1681i – Procedure in Case of Disputed Accuracy Send your expungement order with the dispute. Running a personal background check through one or two major consumer reporting agencies after your expungement is the best way to catch problems before a landlord or employer does.