The cost to get a DUI expunged generally runs $100 to $1,500 if you file the paperwork yourself, or $500 to $4,000 if you hire an attorney. Where you land in that range depends on your state’s filing fees, how complicated your case is, and whether the prosecutor objects. Before you budget anything, though, confirm one thing: roughly half of U.S. states don’t allow DUI expungement at all, and paying a lawyer to tell you that is the most common way people waste money on this.
Check Whether Your State Allows It First
States that do not permit traditional expungement of DUI convictions include Alabama, Alaska, Florida, Georgia, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New Jersey, New York, North Carolina, Ohio, Oregon, Tennessee, Virginia, Washington, and the District of Columbia, among others. Some of those states offer alternatives that work differently. Arizona lets courts “set aside” a DUI, which adds a notation showing dismissal rather than erasing the conviction. Nevada permits record sealing after a seven-year wait. Several states offer pardons, which are harder to get and don’t clear the record the way expungement does.
Among states that do allow DUI expungement, eligibility is almost always limited to first-time misdemeanor offenses. California permits expungement once all sentence requirements are met. Indiana allows misdemeanor DUI expungement after a five-year waiting period and felony DUI expungement after eight years, as long as no one was injured or killed. Kansas, Kentucky, Missouri, and New Hampshire require waiting periods of five to ten years. Mississippi limits eligibility to first offenses where the driver’s blood alcohol concentration was below 0.16% and the driver did not refuse chemical testing.
Your local court clerk’s office or state judiciary website can confirm whether DUI expungement is available where you were convicted. That phone call costs nothing and may save you several hundred dollars.
Court Filing Fees
Every expungement petition requires a filing fee paid to the court. These generally range from $0 to $400. Michigan charges nothing for expungement petitions. Many jurisdictions sit in the $50 to $150 range. Some push past $400 once administrative fees are added.
If you can’t afford the filing fee, many courts offer waivers for people who meet income guidelines. You’ll usually file a separate form — sometimes called a poverty affidavit or fee waiver request — showing your income falls below a set threshold. Approval isn’t guaranteed, but courts have mechanisms to remove this barrier for people who ask.
Attorney Fees
Hiring a lawyer is the largest and most variable expense. For a straightforward first-time misdemeanor DUI where all sentence conditions have been met, attorneys typically charge flat fees between $500 and $1,500. That generally covers reviewing your case for eligibility, preparing the petition, filing it, and appearing at any hearing.
Costs climb with complexity. Multiple offenses, probation violations, outstanding warrants, or a prosecutor likely to contest the petition push fees into the $1,500 to $4,000 range. Cases needing extensive legal research or multiple court appearances run higher. Some attorneys bill hourly instead of flat, with rates typically between $150 and $400 per hour.
When comparing quotes, ask exactly what’s included. Some flat fees cover court filing costs and certified copies; others don’t. A $900 quote that covers everything can beat a $700 quote that bills filing fees, document costs, and hearing appearances separately.
Filing Without a Lawyer
You can file an expungement petition yourself. Many courts provide the forms online or at the clerk’s office, and the process is largely paperwork: filling out forms, gathering documents, and following procedural steps. Handled pro se, your total cost drops to filing fees and document costs, often under $200.
The tradeoff is real. Petitions that are incomplete, filed in the wrong court, or missing required documentation get denied, and courts don’t refund filing fees. If the prosecutor objects, you argue your case at a hearing without legal training. For a clean first-offense misdemeanor DUI with no complications, self-filing is manageable if you’re comfortable with legal paperwork. For anything more complex, an attorney often costs less than a denied petition and a second filing.
A middle option: legal aid organizations and expungement clinics in many areas help people file at no cost or reduced cost, usually for applicants below certain income thresholds. Your local bar association or court’s self-help center can point you to resources.
Smaller Costs That Add Up
Beyond filing and attorney fees, a few smaller expenses stack onto the bill. Certified copies of court documents, which you’ll attach to your petition, typically run $5 to $25 per copy. Some jurisdictions require a background check as part of the petition, which can cost $10 to $50. Fingerprinting, where required, is usually another $10 to $50.
The prosecutor’s office must be formally notified of your petition in most jurisdictions. Some courts handle notification internally. Others require you to arrange service of process through a sheriff’s office or a private process server. Sheriff service generally costs $25 to $75; private process servers typically charge $75 to $150 for standard service.
What Pushes Your Total Up or Down
Two people filing in the same courthouse can pay very different amounts. The main drivers:
- Jurisdiction. Filing fees, attorney rates, and procedural requirements vary between states and between counties. Urban areas generally carry higher attorney fees.
- Case complexity. A first-offense misdemeanor DUI where everything went smoothly is the cheapest to expunge. Probation violations, multiple charges, unpaid fines, or a felony DUI push costs up quickly.
- Prosecutor opposition. If the district attorney objects, your case goes to a hearing, which means more attorney time, more preparation, and a higher bill.
- Unresolved obligations. Unpaid fines, incomplete community service, or missed treatment programs must be cleared before you can petition. Those dollars aren’t technically expungement costs, but they come out of the same pocket.
A rough ballpark: a simple case handled by a lawyer with an uncontested petition in a moderate-cost jurisdiction typically runs $700 to $1,500 total. A contested or complicated case can reach $3,000 to $5,000 or more.
What a Denial Costs
If your petition is denied, you lose the filing fee. Courts don’t refund expungement filing fees for denied petitions. You also lose whatever you paid your attorney, unless your fee agreement includes a second filing at no additional charge, and most don’t.
Common denial reasons include filing before the waiting period has fully elapsed, unresolved fines or incomplete sentence requirements, new criminal activity since the conviction, or ineligibility based on the severity of the offense. Some are fixable: pay the outstanding fine, wait out the remaining time, then refile. Others, like a felony DUI in a state that only expunges misdemeanors, mean expungement simply isn’t available. If you refile after fixing a correctable issue, you pay the filing fee again. That’s another reason to verify every eligibility requirement before the first filing.
What the Money Doesn’t Buy
Expungement removes a DUI conviction from public criminal record searches, which helps with most private-sector job applications, housing applications, and general stigma. It has real limits worth knowing before you spend.
- Prior offense enhancement. In most states, an expunged DUI still counts as a prior if you’re charged with another DUI. Your “second” DUI gets treated as a second offense for sentencing, with harsher penalties, even though the first was expunged.
- Government and licensed positions. For government jobs, security clearances, and professional licensing in fields like teaching, law enforcement, healthcare, and real estate, the expunged conviction may still be visible and often must be disclosed.
- FBI and federal databases. State expungement orders don’t automatically clear federal records. The conviction may continue to appear in FBI background checks, though many states coordinate with the FBI to update National Crime Information Center records after expungement.
- Immigration proceedings. Federal immigration authorities can access and use expunged convictions for removal and exclusion purposes. Expungement does not eliminate the immigration consequences of a DUI.
- Insurance. Auto insurers maintain their own records. Expungement may not immediately affect your rates or SR-22 requirements, though the DUI’s impact on premiums diminishes over time regardless. Most insurers look back three to five years for rating purposes.
For most people, the employment and personal benefits make expungement worth the money. Just know what you’re buying before you write the check.