What You Need to Know About Expungement in Alabama
A criminal charge or arrest can follow you for years, even if your case was dismissed or you were never convicted. That’s why Alabama allows certain people to expunge their criminal records in specific situations. If you’re trying to move forward in life, expungement can offer a clean slate and open the door to new opportunities.
However, not all charges are eligible, and the process can be complicated. Here’s what you need to know about expungement laws in Alabama as of 2025.
What Is Expungement?
Expungement is a legal process that allows a person to remove certain criminal records from public view. Once a record is expunged, it no longer appears on background checks for most employers, landlords, and licensing boards. While law enforcement can still access it in some cases, the public generally cannot.
An expungement can help if you’ve been denied a job, housing, or a professional license because of an old criminal record.
Who Qualifies for Expungement in Alabama?
In Alabama, not every charge is eligible for expungement. You must meet specific requirements under state law.
Here are the basic rules:
- Non-violent misdemeanor charges: If the charge did not result in a conviction and was dismissed, you may be eligible to apply.
- Non-violent felony charges: Some felony charges can be expunged if they were dismissed or you were found not guilty.
- Convictions for certain misdemeanors or violations: Alabama now allows expungement of some convictions if the person meets certain conditions, which might include completing probation and having no new charges for a set period.
- Pardoned convictions: If you were convicted but later received a pardon, you may be able to seek expungement.
Violent crimes, sex offenses, and serious drug crimes are not eligible. Repeat offenses may also disqualify you from expungement.
How the Expungement Process Works
If you’re eligible, you’ll need to file a petition for expungement in the court where your case was originally handled.
The process involves several steps:
- Gather records: Collect court documents, arrest records, and proof that your case was dismissed or resolved.
- File your petition: Submit your request with the appropriate court and pay the filing fee. As of 2025, the filing fee is $500, not including service or record-copying fees.
- Notify relevant parties: You must notify the district attorney and any agencies involved in your case. They have a right to object to your petition.
- Attend a hearing: Some cases require a hearing where a judge decides whether to grant your expungement request.
If the court approves your petition, your record will be sealed from public view. However, you should still keep copies of the court’s order for your records.
What Happens if You Don’t Expunge Your Record?
If you’re eligible for expungement but choose not to pursue it, your criminal record will remain accessible to the public. That means even a charge that was dismissed or never led to a conviction can still appear on background checks. Over time, this can create ongoing challenges in your personal and professional life.
For example, many employers run background checks as part of the hiring process. If they see a past arrest or charge on your record, they may decide to pass on your application. The same is true for rental housing, where landlords often reject applicants with any kind of criminal history.
Contact Our Birmingham Criminal Defense Lawyer for Help With the Expungement Process
Expungement can be life-changing, but the process is not always simple. An experienced criminal defense lawyer can help you understand your eligibility and represent you in court if needed. If you’re ready to put your past behind you, setting up a free consultation with one of our Birmingham criminal defense attorneys at Jaffe, Hanle, Whisonant & Knight, P.C. is a smart first step.
For more information, contact an experienced Birmingham criminal defense attorney at Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800