Alabama Expungement Law: Eligibility, Process, and Record Sealing

Alabama's expungement statute governs the legal process by which qualifying criminal records can be sealed from public access, limiting their visibility to employers, landlords, and the general public. The framework is codified under Alabama Code § 15-27-1 et seq., enacted by the Alabama Legislature and administered through the state's court system. Eligibility criteria, procedural requirements, and the scope of record sealing vary significantly depending on the offense type, case disposition, and post-arrest history. This page maps the statutory framework, classification distinctions, common filing scenarios, and the outer limits of what Alabama expungement law does and does not cover.

Definition and scope

Expungement in Alabama refers to the sealing of a criminal record such that it is no longer accessible through routine public records searches. Unlike destruction of records, Alabama's process results in sealed — not deleted — files. Law enforcement agencies, certain licensing boards, and courts retain access to sealed records under defined statutory circumstances (Alabama Code § 15-27-1).

The statute applies exclusively to Alabama state criminal records. Records originating from federal prosecutions in Alabama's federal district courts, out-of-state convictions, and records held by federal agencies fall entirely outside the scope of Alabama Code § 15-27. The /regulatory-context-for-alabama-us-legal-system page details the interplay between state and federal jurisdiction for Alabama residents navigating overlapping records systems.

Scope boundaries:
- Covered: Charges filed in Alabama state courts, including district, circuit, and municipal courts, that meet statutory eligibility criteria
- Not covered: Federal criminal records, juvenile adjudications governed by the separate Alabama Juvenile Justice Act, and sex offense convictions requiring registration under Alabama Code § 15-20A
- Excluded by statute: Capital offenses, Class A felony convictions, and any offense involving a child victim

For context on how Alabama's court hierarchy processes these filings, the Alabama Court System Structure page outlines the jurisdictional tiers relevant to expungement petitions.

How it works

The expungement process in Alabama follows a structured procedural sequence defined under § 15-27-4 through § 15-27-9. Petitions are filed in the court where the original charge was prosecuted. Filing fees are set at $300 per petition under the statute, though courts may assess additional administrative costs.

Procedural sequence:

1. Determine eligibility — Confirm the offense, disposition, and waiting period qualify under § 15-27-2 or § 15-27-3
2. Obtain certified disposition records — Secure official documentation from the originating court showing charge outcome (dismissal, acquittal, nolle prosequi, or conviction with completion of sentence)
3. File the petition — Submit a verified petition to the circuit court in the county of prosecution; for misdemeanor charges originating in district or municipal court, filing occurs at the circuit court level
4. Serve the district attorney — The petitioner must serve a copy on the prosecuting district attorney's office, which has 45 days to object (Alabama Code § 15-27-4)
5. Hearing (if contested) — If the district attorney files an objection, a hearing is scheduled before a circuit judge who determines whether expungement serves the interests of justice
6. Order issuance — Upon approval, the court issues a written order directing the Alabama Law Enforcement Agency (ALEA), arresting agencies, and court clerks to seal the designated records
7. Agency compliance — ALEA and covered agencies must seal records within 90 days of the order

The Alabama Law Enforcement Agency (ALEA) is the central state repository responsible for maintaining and sealing criminal history records upon court order. Petitioners may verify compliance by requesting a criminal history report directly from ALEA after the 90-day compliance window closes.

Common scenarios

Non-conviction records (dismissals, acquittals, no-bill): Charges that did not result in conviction are eligible for expungement without a mandatory waiting period, provided all court costs and fees associated with the case have been paid. This is the most straightforward category under § 15-27-2.

Misdemeanor convictions: An individual convicted of a non-violent misdemeanor who has completed the sentence — including probation, fines, and restitution — may petition after a 3-year waiting period from discharge (Alabama Code § 15-27-3). A prior criminal record does not automatically bar eligibility, but prior expungements within a 5-year window can affect eligibility determinations.

Non-violent felony convictions: Qualifying non-violent felony convictions became eligible under the 2021 amendments to § 15-27, requiring a 5-year waiting period post-sentence completion. The petitioner must demonstrate no subsequent felony charges during the waiting period.

Charges resolved through diversion or deferred prosecution: Cases completed through a pre-trial diversion program or drug court (Alabama Drug Court programs) may qualify for expungement upon successful program completion and formal dismissal of the underlying charge.

Drug-related offenses are addressed under the broader framework of Alabama Drug Laws and Penalties — the expungement eligibility for drug offenses follows the non-violent felony or misdemeanor tracks depending on charge classification.

Decision boundaries

Expungement vs. pardon: An Alabama expungement seals the record from public view but does not constitute a pardon, restore civil rights lost due to conviction, or alter the legal fact of the conviction itself. The Alabama Board of Pardons and Paroles (Alabama BPP) administers the separate pardon process, which operates independently of § 15-27.

Expungement vs. certificate of relief: Alabama Code § 15-27-30 et seq. provides a certificate of relief for those ineligible for full expungement — this instrument limits collateral consequences for specific professional licensing purposes but does not seal the underlying record from public access.

Absolute bars to expungement under § 15-27:
- Sex offenses requiring registration under the Alabama Sex Offender Registration and Community Notification Act
- Capital murder and any Class A felony conviction
- Domestic violence convictions under § 13A-6-130 through § 13A-6-132
- Any offense involving a victim under 14 years of age

Effect on background checks: Upon issuance of a valid expungement order, Alabama employers conducting state-level background checks through ALEA will not receive the sealed record. However, federal background checks — such as those required by the FBI for firearm purchases under the National Instant Criminal Background Check System (NICS) — are not affected by Alabama state expungement orders, as federal records repositories operate independently.

Multiple charges in a single case: Each charge within a case requires a separate petition and filing fee. A case involving 3 charges would require 3 petitions at $300 each, totaling $900 in statutory filing fees, plus any court administrative costs.

For individuals navigating Alabama Criminal Law matters alongside expungement eligibility, understanding the original charge classification is foundational to determining which statutory track applies. The /index for this authority provides the full landscape of Alabama legal topics covered across the network.

References

• Alabama Code § 15-27 — Expungement of Records
• Alabama Law Enforcement Agency (ALEA) — Criminal History Records
• Alabama Board of Pardons and Paroles
• Alabama Unified Judicial System — Court Administration
• Alabama Code § 15-20A — Sex Offender Registration and Community Notification Act
• Alabama Code § 13A-6-130 through § 13A-6-132 — Domestic Violence Offenses
• FBI — National Instant Criminal Background Check System (NICS)