Alabama’s expungement law is fairly specific and more limited than in some other states, but it has expanded in recent years. Here’s a clear, easy-to-understand breakdown of how it works 👇

📜 The Law (Alabama Code)

Expungement in Alabama is governed by Title 15, Chapter 27 of the Alabama Code (§15-27-1 through §15-27-11).

• Expungement is not automatic
• You must file a petition in court
• A judge decides whether to grant it

✅ What CAN Be Expunged in Alabama

1. Non-convictions (most common)

You are usually eligible if your case did NOT end in a conviction, such as:

• Charges dismissed
• No-billed by a grand jury
• Found not guilty (acquitted)
• Charges dropped after a diversion or deferred program

👉 These are the easiest cases to expunge.

2. Certain misdemeanor convictions

Alabama now allows some convictions to be expunged if:

• The offense is non-violent
• You completed all terms (fines, probation, etc.)
• You waited at least 3 years after conviction
• You have limited prior convictions (usually capped)

3. Some non-violent felony situations

This is more limited, but possible if:

• The felony charge was dismissed or not proven, OR
• It was a non-violent Class C or D felony and specific conditions are met

❌ What CANNOT Be Expunged

Generally, Alabama does NOT allow expungement for:

• Violent crimes (like murder, assault, etc.)
• Sex offenses
• Crimes involving children
• DUI convictions
• Serious or high-harm felonies

⏳ Waiting Periods (important)

How long you must wait depends on the case outcome:

• Dismissed cases: often immediately or after a short period
• Dismissed without prejudice: typically 2–5 years
• After diversion programs: about 1 year
• Misdemeanor convictions: at least 3 years

⚖️ Key Requirements

To qualify, you usually must:

• Have no pending charges
• Complete all court requirements
• Pay all fines, fees, restitution
• Stay crime-free during the waiting period

🧠 What Expungement Actually Does

If granted:

• Your record is removed from public view
• Employers and landlords generally won’t see it
• Legally, you can often say the incident did not occur

However:

• Law enforcement and courts may still access it in limited situations

⚠️ Important Reality Check

Alabama is considered a “limited expungement state”:

• Not everything qualifies
• Convictions are much harder than dismissed cases
• The process can be technical and paperwork-heavy

👍 Bottom line

• Best chance: dismissed or not-guilty cases
• Possible but harder: non-violent misdemeanors and some low-level felonies
• Not eligible: violent or serious offenses

 

📝 How to Apply for Expungement in Alabama

1. Make sure you’re eligible first

Before doing anything, confirm:

• Your case qualifies (dismissed, not guilty, or eligible conviction)
• You’ve waited the required time
• You’ve completed all fines, fees, probation, etc.
• You have no pending charges

If any of these aren’t met, your petition will likely be denied.

2. Get your criminal record

You’ll need details about your case:

• Charge(s)
• Case number
• Court where it was handled
• Final outcome

👉 You can get this from:

• The court clerk
• Or the Alabama Law Enforcement Agency (ALEA)

3. Fill out the Petition for Expungement

You must complete the official form:

• “Petition for Expungement” (Form CR-65)

You’ll include:

• Personal info
• Arrest details
• Case outcome
• Why you qualify
• Any supporting explanation (this matters more than people think)

4. Gather required documents

This is where many applications fail, so don’t skip anything:

• Certified case action summary (from the court)
• Proof of case outcome (dismissal, not guilty, etc.)
• Proof you completed any requirements (if applicable)

5. File your petition with the correct court

You must file in the same court where the case was handled.

• Usually the circuit court clerk
• Submit:
  • Your petition
  • All supporting documents

6. Pay the filing fee 💵

• Standard fee: $300
• This is paid to the court when filing

👉 If you can’t afford it, you can request a fee waiver (called an indigency affidavit)

7. The prosecutor and agencies are notified

After you file:

• The district attorney
• The arresting agency
• The victim (if applicable)

…all get notified and can object.

8. Wait for review (and possibly a hearing)

• Some cases are decided on paperwork alone
• Others require a hearing in front of a judge

The judge looks at:

• Your record
• Your behavior since the case
• Any objections
• Whether expungement serves justice

9. Get the decision

If approved:

• The court orders agencies to seal/remove your record
• This can take a few weeks to fully process

If denied:

• You may be able to reapply later, depending on the reason

⏱️ Timeline

Typical timeframe:

• Filing → decision: 1 to 3 months (sometimes longer)
• Full record removal: a few additional weeks

⚠️ Common mistakes to avoid

These trip people up all the time:

• Missing documents
• Filing too early
• Not paying all fines first
• Using incomplete or incorrect case info
• Writing nothing in the “why” section

💡 Pro tip (this really matters)

Even though you can file on your own, many people choose to work with an attorney because:

• One small mistake = denial
• Attorneys know how to present your case in the best light
• They can speed things up and avoid back-and-forth

👍 Simple summary

1. Confirm eligibility
2. Get your records
3. Fill out the petition
4. Attach documents
5. File with court + pay $300
6. Wait for review
7. Attend hearing if required
8. Get decision