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Alabama
Adult Criminal Record Clearance Overview
Records relating to an offense that resulted from being a victim of human trafficking can be expunged by the court at any time.
Adult criminal records for cases that were heard in drug court, mental health court, veterans court, or any other deferred prosecution program can be expunged one year after you successfully complete the program. You must file a petition in court to start the process, and it is up to the judge whether to grant your petition.
Adult criminal records for arrests for which you were never convicted are eligible for expungement in some situations. You must file a petition in court to start the process, and you may be able to file petitions to expunge more than one arrest. The judge must consider your first petition, and it is up to the judge how many other petitions they will allow you to file after that.
- If you were arrested and charged with a misdemeanor or lower offense, the record can be expunged 90 days after dismissal with prejudice, a return of no bill by the grand jury, or a nolle prosequi without conditions and the charge or charges have not been refiled. It is up to the judge whether to grant your petition.
- If you were arrested and charged with a misdemeanor, the record can be expunged immediately after an indictment has been quashed and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled. It is up to the judge whether to grant your petition.
- If you were arrested and charged with a misdemeanor or lower offense and the charge was dismissed without prejudice, the record can be expunged one year after the dismissal, so long as you are not convicted of anything else, during those two years. It is up to the judge whether to grant your petition.
- If you were convicted of a misdemeanor, the records can be expunged three years from the date of conviction, so long as you meet other requirements. It is up to the judge whether to grant your petition.
- If you were arrested and charged with a felony, the record can be expunged 90 days after dismissal with prejudice, a return of no bill by the grand jury, or a nolle prosequi without conditions and the charge or charges have not been refiled. It is up to the judge whether to grant your petition.
- If you were arrested and charged with a felony, the record can be expunged immediately after an indictment has been quashed and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled. It is up to the judge whether to grant your petition.
- If you were arrested and charged with a felony and the charge was dismissed without prejudice, the records can be expunged five years after the dismissal, so long as you are not convicted of anything else during those five years. It is up to the judge whether to grant your petition.
- If you were convicted of a felony and granted a certificate of pardon with restoration of civil and political rights for the conviction from the Board of Pardons and Paroles, the records can be expunged 180 days from the date of the issuance of the certification of pardon, so long as you meet other requirements. It is up to the judge whether to grant your petition.
Adult Criminal Record Clearance Policies
Convictions
Records relating to a conviction for a felony offense may be expunged by the court after the petitioner has been granted a certificate of pardon with restoration of civil and political rights for the conviction from the Board of Pardons and other requirements are met. Code of Ala. § 15-27-2(c).
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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).
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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).
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Diversion/Deferral Program
Records relating to charges for a felony offense that was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran's court, or any court-approved deferred prosecution program can be expunged by the court one year after completion of the program. Code of Ala. § 15-27-2(a)(6).
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Non-Conviction Arrests
Records relating to a charge for a felony criminal offense can be expunged by the court 90 days after dismissal with prejudice, a return of no bill by the grand jury, or a nolle prosequi without conditions and the charge or charges have not been refiled. Code of Ala. § 15-27-2(a)(1)-(4).
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Records relating to a charge for a felony criminal offense can be expunged by the court five years after the charge is dismissed without prejudice, so long as the charge has not been refiled and the petitioner has not been convicted of any offense other than minor traffic violations during that time. Code of Ala. § 15-27-2(a)(7).
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Records relating to a charge for a misdemeanor criminal offense, violation, traffic violation, or municipal ordinance can be expunged by the court immediately 90 days following dismissal of the charges with prejudice, a return of no bill by the grand jury, a finding of not guilty, or a nolle prosequi without conditions and the charge or charges have not been refiled. Code of Ala. § 15-27-1(a)(1)-(4).
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Records relating to a charge for a misdemeanor criminal offense, violation, traffic violation, or municipal ordinance can be expunged by the court one year after the charge is dismissed without prejudice, so long as the charge has not been refiled and the petitioner has not been convicted of any offense other than minor traffic violations, during the previous two years. Code of Ala. § 15-27-1(a)(7).
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Juvenile Record Clearance Overview
Below is a general overview of when juvenile records can be sealed or destroyed in Alabama. Please note that the Clean Slate Clearinghouse does not provide legal advice.
Read the legal policies and statutes for detailed statutory information.
Juvenile Record Clearance Policies Overview
- Most juvenile records can be sealed two years after your case closes or after you are released from custody or supervision (probation), whichever is later. You must submit a request to the court to start the process, and it is up to the judge whether to grant your request.
If you have certain convictions or adjudications on your record, you may not be eligible to seal or destroy your record.
Find a Lawyer
If you think you might be eligible to have your record sealed or destroyed, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.
Court Forms and Resources
If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources.
Juvenile Record Clearance Policies
Court Records and Law Enforcement Records
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.
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Records relating to a juvenile delinquency case can be destroyed provided that the petitioner meets certain requirements. Code of Ala. § 12-15-137.
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Find A Lawyer
Legal service providers located in the state.
Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.
Court Forms & Resources
No forms or resources available.