Expungement

Expungement Attorneys in Alabama

A past criminal charge shouldn't define your future. Under Alabama Code §§ 15-27-1 and 15-27-2, Alabama law provides a pathway to expunge certain charges from your record — removing them from public background checks and giving you a clean slate for employment, housing, and licensing. But eligibility depends on the specific charge, the outcome of your case, and the time that has passed. Not every record qualifies, and the distinctions matter.

All inquiries are 100% confidential. We are here to defend your constitutional rights at every step of your case.

What Expungement Does — and Does Not — Do

An expungement order in Alabama seals the record of an arrest or charge from public access. It is withdrawn from the national criminal records repository and removed from publicly accessible databases. After expungement, you may lawfully state on most employment applications that you were not arrested or charged with the expunged offense.

However, expunged records are not destroyed. They are archived by ALEA and remain accessible to criminal justice agencies, prosecutors, and certain other entities authorized by law. Expungement removes the public record — it does not erase the underlying history from law enforcement databases. Law enforcement agencies, courts, and prosecutors can still access expunged records for official purposes.

Who Qualifies: Non-Conviction Expungements

The most straightforward path to expungement is a non-conviction — meaning the charge was dismissed, no-billed, or resulted in a not guilty verdict. Alabama Code § 15-27-1 covers misdemeanor non-convictions and § 15-27-2 covers felony non-convictions.

Dismissal With Prejudice, No-Bill, or Not Guilty

Whether the charge was a misdemeanor or felony, if it was dismissed with prejudice, no-billed by a grand jury, or resulted in a not guilty verdict, you may file a petition for expungement after 90 days have passed from the date of that outcome. This is the cleanest and most common path.

Dismissal Without Prejudice — Misdemeanor

If a misdemeanor charge was dismissed without prejudice, you may petition for expungement after one year from the date of dismissal, provided the charge has not been refiled and you have not been convicted of any other offense (excluding minor traffic violations) during the previous two years.

Dismissal Without Prejudice — Felony

If a felony charge was dismissed without prejudice, the waiting period is significantly longer: five years from the date of dismissal, with no new convictions during the previous five years, and the charge must not have been refiled.

Completion of a Diversion Program

If you completed a court-approved diversion or deferred prosecution program, a petition may be filed one year from the date of successful completion, for both misdemeanor and felony charges.

Conviction Expungements: Limited but Possible

Alabama's expungement law is more restrictive when it comes to actual convictions. Most felony convictions are not expungeable. However, limited pathways exist.

Misdemeanor Conviction Expungement

Under Alabama Code § 15-27-1, a misdemeanor conviction may be expunged if all of the following are met:

• At least three years have passed since the sentence was fully completed, including probation or parole
• You have not been convicted of any other crime during that period
• The conviction is not for a sex offense requiring registration, a violent offense, an offense involving moral turpitude under § 17-3-30.1, or a serious traffic offense under Title 32, Chapter 5A, Article 9

Offenses reclassified from felony to misdemeanor under Act 2015-185 may be eligible after a 15-year arrest-free period.

Felony Conviction Expungement

A felony conviction may be expunged only if the person has been granted a certificate of pardon with restoration of civil and political rights from the Alabama Board of Pardons and Paroles, and all other eligibility requirements are met. This is a rare and significant threshold. Without a pardon, a felony conviction is generally not expungeable under current Alabama law.

What Cannot Be Expunged

Regardless of the circumstances, the following cannot be expunged under Alabama law:

• Convictions for violent offenses as defined in § 12-25-32
• Sex offenses requiring registration under ASORCNA
• Offenses involving moral turpitude under § 17-3-30.1
• Serious traffic offenses including DUI (Title 32, Chapter 5A, Article 9)
• Class A felony convictions

The Expungement Process in Alabama

Filing for expungement involves several steps that must be completed correctly to avoid delays or denial.

Step 1: Obtain Your Certified Criminal History

Before filing, you must obtain a certified copy of your criminal history record from the Alabama Law Enforcement Agency (ALEA). This document establishes the official record of what is being sought for expungement.

Step 2: File the Petition

The petition is filed in the criminal division of the circuit court in the county where the original charges were filed. Under Alabama Code § 15-27-4, the mandatory administrative filing fee is $300, plus standard court costs that vary by county. Fee waiver provisions exist for indigent petitioners.

Step 3: Serve Relevant Parties

The district attorney's office and other relevant agencies must be served with notice of the petition. The district attorney has 45 days to file a written objection.

Step 4: Hearing and Ruling

If the district attorney objects, a hearing is scheduled before a circuit court judge. The judge reviews the petition, considers any objections, and determines whether expungement is appropriate. If no objection is filed, the judge may grant the petition without a hearing. Once granted, the order is certified to ALEA and all relevant agencies.

The entire process typically takes three to six months from filing to final order.

Why Legal Representation Matters for Expungement

While Alabama does not require an attorney to file for expungement, the process is more complicated than it appears. Eligibility determinations require careful analysis of the specific charge, the disposition, the timing, and your full criminal history. A petition that incorrectly states the grounds for expungement, misidentifies the relevant charge, or fails to properly serve all required parties can be denied — and refiling requires starting the process over.

An attorney also evaluates whether a charge is truly eligible before a petition is filed, which prevents wasted fees and time. Where a charge appears on your record that should have been dismissed or no-billed but was not properly processed, we can take steps to correct the record before filing.

For charges that are not eligible for expungement — such as certain conviction records — we can advise on whether a pardon or other post-conviction remedy may be a viable path. See our criminal appeals page for more on post-conviction options.

The Benefits of a Clean Record

An expungement affects every aspect of life where a background check plays a role. Employers who conduct criminal history checks will no longer see the expunged charge. Landlords running tenant screening checks will not find it. Professional licensing boards that review criminal history will not have access to it. The practical effect is significant — particularly for charges that arose from a single incident and were dismissed, where the arrest alone has been following someone for years without a conviction ever having occurred.