Alabama: Adult Convictions (AL-C-2)

Records relating to a conviction for a misdemeanor offense, a violation, a traffic violation, or a municipal ordinance violation may be expunged by the court three years from the date of conviction, if certain requirements are met. Code of Ala. § 15-27-1(b).

Record Detail(s)

Misdemeanor

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

Violent offenses as provided in Code of Ala. § 12-25-32, offenses involving moral turpitude, as provided in Code of Ala. § 17-3-30.1, sex offenses, as provided in Code of Ala. § 15-20A-5, and serious traffic offenses, as provided in § 32-5A, are excluded. Code of Ala. § 15-27-1(b).

Procedure General

The petition must be filed in the criminal division of the circuit court in the county in which charges were filed. Also, all probation or parole requirements must have been completed, including payment of all fines, costs, restitution, and other court-ordered amounts, and are evidenced by the applicable court or agency. For the specific procedure and requirements for expungement, see Code of Ala. § 15-27-1(b). The court shall have the sole discretion over the number of cases that can be expunged after the first case is expunged. Code of Ala. § 15-27-5(c).

Fees

A $500 waivable administrative filing fee is required in addition to any court or docket fees. 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 the expungement of records from agencies. Ala. Code § 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. Ala. Code § 15-27-6(b). Expunged records are not transmitted to the FBI, and the state criminal justice information center requests the withdrawal of records previously transmitted to the FBI that were later expunged. Ala. Code § 15-27-7. Unauthorized, intentional, and malicious release of expunged records is a Class B misdemeanor. Ala. Code § 15-27-16.

Forms

An expungement form can be found here.

Waiting Periods

There is a 3-year waiting period.

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