After completing the terms of your sentence, you may be anxious to put your criminal conviction behind you. When you are ready to take charge of your future, you may be looking into your opportunities for expungement in Texas. Even if you qualify, there are some important costs you should be prepared to cover.
Understanding these expenses in advance can help you budget accordingly and ensure you do not miss this opportunity to better your life because of unexpected or hidden fees. Here is more about how much expungement costs in Texas and how to move forward with the process once you are financially ready.
If you are hoping to get your record sealed, or expunged, you will need to follow the requirements outlined in Tex. Code Crim. Proc. art. 102.006. This describes whether you qualify for expungement, when you will not qualify for expungement, the procedure for expungement, and all applicable court costs.
Generally, there is an expungement fee you will be expected to pay when submitting your expungement application. The fees can vary widely depending on the nature of your charges and the specific details of your case. However, generally, the fees can range anywhere from $100-$400. For example, Houston expunction fees for juvenile offenses require a fee of $30, while adult offenses start at $100.
There may be additional court fees or other unexpected costs that come up as your petition moves through the criminal court system. Sometimes, there may be fees assessed to process court paperwork while other fees are more specific to your local county or state court. The Texas expungement statute goes over these details as follows:
“Art. 55.01. RIGHT TO EXPUNCTION.
(a) In addition to any other fees required by other law and except as provided by Subsections (b) and (b-1), a petitioner seeking expunction of a criminal record in a district court shall pay the following fees:
(1) the fee charged for filing an ex parte petition in a civil action in district court;
(2) $1 plus postage for each certified mailing of notice of the hearing date; and
(3) $2 plus postage for each certified mailing of certified copies of an order of expunction.
(a-1) In addition to any other fees required by other law and except as provided by Subsection (b), a petitioner seeking expunction of a criminal record in a justice court or a municipal court of record under Chapter 55 shall pay a fee of $100 for filing an ex parte petition for expunction to defray the cost of notifying state agencies of orders of expunction under that chapter.
(b) The fees under Subsection (a) or the fee under Subsection (a-1), as applicable, shall be waived if the petitioner seeks expunction of a criminal record that relates to an arrest for an offense of which the person was acquitted, other than an acquittal for an offense described by Article 55.01(c), and the petition for expunction is filed not later than the 30th day after the date of the acquittal.”
Court fees aside, you should also expect to pay a sum in legal fees. It is difficult to say how much you might need to spend to hire a Texas criminal defense attorney to help you get your record expunged. Many factors will have an impact on these costs, such as:
Some law firms are willing to work with individuals seeking expungement on an hourly rate, while others will request a flat fee. You may need to put a retainer fee down to reserve your legal representative’s services. Since the court costs alone could reach upwards of $400, with a Houston expungement attorney helping you, it would not be unheard of to pay at or around $2500-$3000 for representation.
To get a conviction expunged in Texas, you will need to meet specific requirements. Not all criminal convictions are eligible for expungement. However, many misdemeanors and some felony offenses could be expunged, depending on the circumstances of your case.
Your conviction will not just fall off your record. You need to file a petition requesting expungement with the court. The prosecutor will then have the option of challenging your request. If they do not challenge the request, the judge will review your petition and determine whether your request should be granted. Be prepared to cover any expungement fees on your hearing date to expedite the process. Contact the Law Office of David A. Breston for legal help securing your expungement.