Alabama: Adult Convictions (AL-C-1)

Records relating to an offense that resulted from being a victim of human trafficking can be expunged by the court at any time. Code of Ala. §§ 15-27-1(a)(8), 15-27-2(a)(8)(b).

Record Detail(s)

Human trafficking offenses

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in criminal division of circuit court in county in which charges were filed. For specific procedure, see Code of Ala. section 15-27-1 et seq. The court shall have the sole discretion over the number of cases that may be expunged after the first case is expunged. Code of Ala. § 15-27-5(c).

Fees

A $500 non-waivable administrative filing fee is required in addition to any court or docket fees. Code of Ala. § 15-27-4. A petitioner may apply for indigent status. If the court finds the petitioner is indigent, the court shall waive the filing fee. For more information about this procedure, see Code of Ala. § 15-27-4(c).

Effect

The court orders expungement of records from agencies. Code of Ala. § 15-27-6(a). The proceedings regarding the charges are deemed never to have occurred. The court and other agencies will reply that no record exists in response to any inquiry. The petitioner need not disclose the fact of the record on an application for employment, credit, or other type of application. However, the petitioner must disclose the record to any government regulatory or licensing agency, any utility and its agents or affiliates, or any bank or other financial institution. These agencies have the right to inspect the expunged record after filing notice with the court. Code of Ala. § 15-27-6(b). Expunged records are not transmitted to the FBI and the state criminal justice information center requests withdrawal of records previously transmitted to the FBI and later expunged. Code of Ala. § 15-27-7. Unauthorized, intentional and malicious release of expunged records is a Class B misdemeanor. Code of Ala. § 15-27-16.

Forms

An expungement form can be found here.

Waiting Periods

There is no waiting period.

Back to Alabama