Clearing Your Record: A Guide to Expungement in Alabama

Living with a criminal record in Alabama can feel like a permanent obstacle. Job applications, housing opportunities, and personal relationships may all be affected by past mistakes. Expungement offers a legal path to clear certain records, giving people a chance to move forward without the burden of a public criminal history.

This guide answers your most important questions: what expungement is, who qualifies, how the process works, how much it costs, and why it matters.

What is Expungement?

Expungement is the legal process of removing certain criminal records from public access. Once a record is expunged, it is sealed and no longer appears in most background checks.

In Alabama, expungement does not completely destroy the record but restricts who can see it. Law enforcement agencies and courts may still access expunged records in specific situations. For most purposes—such as applying for jobs or housing—the record is effectively hidden.

Eligibility Criteria for Expungement in Alabama

Non-Conviction Records

Alabama allows individuals to expunge records if they were:

• Arrested but not charged.
• Charged but the case was dismissed with prejudice.
• Found not guilty after trial.
• The charge was no-billed by a grand jury.

These are the most common types of cases eligible for expungement.

Misdemeanor Convictions

Certain misdemeanor convictions can be expunged if:

• All sentencing requirements, including probation and fines, are complete.
• No new criminal charges are pending.
• A waiting period has passed, typically at least one year after sentence completion.
• The offense is not a violent or sexual offense.

Non-Violent Felony Convictions

Under Alabama law, some non-violent felony convictions may be eligible for expungement. Requirements include:

• Completion of all sentencing conditions.
• A waiting period of five years after completing the sentence.
• No subsequent felony or misdemeanor convictions.

Ineligible Offenses

Expungement is not available for:

• Violent crimes.
• Sex offenses.
• Offenses involving minors.
• Serious traffic offenses like DUI.

The Expungement Process in Alabama

Step 1: Obtain Certified Criminal Records

Before filing, applicants must request a certified criminal history from the Alabama Law Enforcement Agency (ALEA).

Step 2: File the Petition

A petition is filed in the circuit court where the arrest or charge occurred. The petition must include:

• Personal information.
• Certified criminal record.
• Details of the charge to be expunged.
• Proof of sentence completion (if applicable).

Step 3: Serve Relevant Parties

Copies of the petition must be served to:

• The district attorney who prosecuted the case.
• The arresting law enforcement agency.

Both parties may file an objection within 45 days.

Step 4: Court Decision

If there are no objections, the court may grant the expungement without a hearing. If objections are filed, a hearing will be scheduled to determine whether expungement is appropriate.

Costs Associated with Expungement

Administrative Fees

• A non-refundable $500 administrative filing fee is required.
• Additional court costs may apply depending on the jurisdiction.

Certified Records

Obtaining certified records from ALEA costs about $25.

Attorney Fees

While it is possible to file pro se (without a lawyer), hiring an expungement attorney can streamline the process and avoid mistakes. Legal fees vary but generally range from $1,000 to $2,500.

Benefits of Expungement

Employment Opportunities

Most employers conduct background checks. Expungement ensures that dismissed charges or old non-violent convictions no longer appear, improving job prospects.

Housing Applications

Landlords often deny applications based on criminal records. Expungement can remove this barrier.

Restoration of Rights

Expungement can restore personal dignity and reduce stigma, allowing individuals to fully participate in society.

Common Questions About Expungement

Can I expunge multiple charges?

Yes, but a separate petition is required for each case.

How long does the expungement process take?

Typically between 3 to 6 months, depending on court schedules and whether objections are raised.

Will expunged records appear in background checks?

No. Once expunged, records are sealed from public access but may still be available to law enforcement and certain government agencies.

Conclusion

Expungement offers a powerful way to move beyond past mistakes and build a better future. Alabama law provides clear guidelines on who qualifies, how to apply, and what benefits expungement provides. If you believe you are eligible, consult with an Alabama expungement attorney to ensure the process is handled correctly.