Alabama: Juvenile Court Records and Law Enforcement Records (AL-AR-1)

Records relating to certain juvenile adjudications can be sealed once a motion is filed with the juvenile court, provided that the petitioner meets certain requirements. Code of Ala. § 12-15-136.

Record Detail(s)

All charges

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

The petitioner cannot have been convicted, adjudicated delinquent, or adjudicated a youthful offender of any felony or a misdemeanor involving sexual offenses, drugs, weapons, or violence, or threats of violence, prior to the filing of the motion. Additionally, no proceeding seeking the conviction or adjudication can be pending. Code of Ala. § 12-15-136(a)(2).

Procedure General

A motion must be filed in the juvenile court. For the specific procedure, see Code of Ala. § 12-15-136.

Fees

There is no statutory language regarding fees.

Effect

If a request to seal a record is granted, the proceedings in the case are sealed. The juvenile court can order the release of information in the record of an individual case to any clinic, hospital, or agency that has the person under its care. Code of Ala. § 12-15-136(d). The sealing order is nullified by any subsequent adjudication of delinquency, youthful offender adjudication, or conviction of a felony or misdemeanor involving sexual offenses, drugs, weapons, or violence, or threats of violence. Code of Ala. § 12-15-136(e).

Forms

An expungement form is available here.

Waiting Periods

The petition can be filed two years after the final discharge of the person from legal custody or supervision, or two years after the entry of any other order of the juvenile court not involving custody or supervision. Ala. Code § 12-15-136(a)(1).

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