CRIMINAL RECORD EXPUNGEMENT — The Ford Firm
What You Need to Know About Expungement in Alabama
The Code of Alabama 1975, Section 15-27 gives qualifying individuals the chance to have certain criminal records erased or sealed. This process is known as expungement. Expungement helps restore opportunities for employment, housing, and education by removing arrests, dismissed charges, and even some convictions from public view.
- Only a Circuit Court can grant an expungement — not the Alabama Law Enforcement Agency (ALEA).
- Before filing, you must obtain a certified copy of your criminal history from ALEA (issued within 30 days of filing). This document, along with certified court records, must be attached to your petition.
Where Do You File Your Petition?
No matter where your case began — municipal, district, or circuit court — you must file your Petition for Expungement in the Circuit Court of the county where your case was decided.
Only Alabama Circuit Courts can grant expungements, and they can only expunge charges that happened within Alabama.
What Cases Are Eligible?
Eligibility depends on case type, outcome, and statute-specific requirements. Highlights include:
Dismissed charges
Almost all dismissed cases (with or without prejudice) may be eligible, subject to waiting periods.
Misdemeanor convictions
Up to two misdemeanor convictions may be expunged if statutory conditions are met.
Felonies
Many dismissed felonies qualify. Some non-violent felony convictions may also be expunged if strict criteria are satisfied under the REDEEMER Act.
Special categories
Victims of human trafficking, diversion program completions, and pardoned convictions each have their own rules.
Note: Convictions for violent crimes, sex crimes, crimes of moral turpitude, serious traffic offenses, or DUIs (as of July 1, 2023) are not eligible for expungement.
How Much Does It Cost?
The filing fee for a Petition for Expungement in Alabama is $500, set by law:
- One case = $500
- Multiple charges from the same arrest = still $500
- Separate arrests or case events = $500 each
This fee is in addition to attorney fees. The $500 state fee may be waived for financial hardship, but attorney fees are separate.
The REDEEMER Act — Expanded Opportunities
In July 2021, Alabama passed the REDEEMER Act (Record Expungement Designed to Enhance Employment and Eliminate Recidivism). This law:
- Expanded expungement eligibility to certain misdemeanor and felony convictions.
- Allowed individuals to expunge more dismissed charges.
- Opened new opportunities for people to rebuild their lives after paying their debt to society.
The REDEEMER Act recognizes that criminal records often block employment, housing, and education opportunities, even when charges were dismissed or long-ago convictions have been satisfied.
Other required costs (not included in the filing fee):
- Certified ALEA criminal history (within 30 days of filing)
- Certified copies of court judgments and case dispositions
Important Documents You Need
To file successfully, you must provide:
- Certified ALEA criminal history (not older than 30 days)
- Certified copies of court judgments (showing guilty, not guilty, dismissed, or diverted outcomes)
- Sworn statement confirming eligibility and any prior expungement attempts
Certified documents are required — photocopies are not enough.
Expungement for Charges Without Conviction
If you were arrested but never convicted, expungement can remove those records entirely:
- The case is erased from Alacourt (the online court system).
- Police, jail, and law enforcement databases delete associated computer entries.
- Paper/electronic files are sealed and transferred to ALEA in Montgomery.
- Prosecutors may retain internal files, but they are no longer visible in statewide databases.
This means charges that never resulted in conviction will no longer appear in background checks — a critical step toward a fresh start.
Misdemeanor Convictions — New Relief Under the REDEEMER Act
For misdemeanors:
- You may petition for expungement after 3 years have passed since conviction and all sentences, fines, and probation are complete.
- Eligible convictions must not involve violence, sex crimes, moral turpitude, or serious traffic offenses.
- Dismissed or diverted misdemeanors can be expunged after waiting periods ranging from 90 days to 1 year, depending on the outcome.
This law helps many Alabamians remove old mistakes and move forward.
Felony Convictions — Limited but Possible
Expunging felony convictions requires meeting strict criteria:
- You must have a pardon and a certificate of restoration of civil and political rights.
- At least 180 days must have passed since the pardon.
- The offense cannot be violent, sexual, or a crime of moral turpitude.
While more limited than misdemeanors, expunging a felony conviction can have life-changing results.
Who Is Eligible Under Current Law?
- Unlimited expungements for: traffic violations, municipal ordinance violations, dismissed misdemeanors, and dismissed felonies.
- Up to two expungements for misdemeanor convictions.
- One expungement for a pardoned conviction.
- Unlimited petitions for cases dismissed with prejudice, not indicted, dropped without conditions, or expired by statute of limitations.
- Diversion program completions: up to two expungements.
Why Should I Get an Expungement?
Having criminal charges on your record can:
- Block job opportunities (most employers run background checks).
- Affect housing applications.
- Create barriers to professional licensing.
- Damage reputation and community standing.
Expungement gives you a second chance by erasing eligible records, helping you secure jobs, education, and stability.
What Is the Process?
- Obtain certified ALEA criminal history and certified court judgments.
- File a Petition for Expungement in the circuit court where the case was handled.
- Serve copies on the district attorney and arresting law enforcement agency.
- The prosecutor notifies any victims. Both prosecutor and victim have 45 days to object.
- If there is an objection, the court holds a hearing. If granted, the order is sent to ALEA and other agencies to seal or erase records.
FAQ's
Can I get my criminal record expunged in Alabama?
Yes, if your case falls within Ala. Code §15-27. Eligibility depends on whether your case was dismissed, non-indicted, pardoned, or a qualifying misdemeanor/felony conviction under the REDEEMER Act.
How long does expungement take in Alabama?
Typically several months. Preparation, certified records, court filing, and potential hearings can affect the timeline.
What crimes can be expunged in Alabama?
Dismissed cases, certain misdemeanors, and limited felonies. Violent crimes, sex crimes, crimes of moral turpitude, and serious traffic offenses are excluded.
How much does it cost to expunge a record in Alabama?
The state filing fee is $500 per case (some exceptions for multiple charges from one arrest). Attorney fees are separate.
Do I need a lawyer to file for expungement?
Not required, but highly recommended. Expungement petitions involve certified records, statutory requirements, and hearings. A lawyer increases your chances of success.
Contact The Ford Firm — Free Expungement Consultation
If you are wondering whether you qualify for a criminal record expungement in Alabama, call Randal S. Ford at 205-454-7500 or visit our office at:
705 27th Avenue, Suite A, Tuscaloosa, AL 35401
We will review your record, explain your eligibility under Ala. Code §15-27 and the REDEEMER Act, and help you take the first step toward clearing your record.
