A criminal record can limit opportunities in employment, housing, licensing, and personal life. Fortunately, Alabama law allows certain charges to be expunged, removing them from public access. This process offers a chance for a fresh start. If you’re eligible, understanding the steps and requirements is key—legal guidance can help you navigate the process more effectively.
What Is Expungement?
Expungement is the legal process of removing or sealing criminal records from public view. Once a record is expunged, it no longer appears in background checks conducted by employers, landlords, or licensing agencies. While some law enforcement agencies and courts may still have access to expunged records, they are generally treated as if they never existed.
Expungement does not mean that a conviction is pardoned or overturned—it simply removes it from public access, giving the individual the legal right to deny its existence in most situations.
Who Is Eligible for Expungement in Alabama?
Not all criminal records are eligible for expungement.
Under Alabama law, the following may qualify:
Misdemeanor Charges
Misdemeanor charges are easier to get expunged than felonies.
Common examples include:
- Charges that were dismissed with prejudice
- Charges that were dismissed without prejudice, and at least two years have passed without the case being refiled
- Charges where the individual was found not guilty
- Charges that resulted in pretrial diversion or deferred prosecution programs
An attorney can help determine if your misdemeanor qualifies for expungement.
Felony Charges
Felonies may also be eligible for expungement if:
- The charge was dismissed with prejudice
- The individual was acquitted (found not guilty)
- The case was dismissed without prejudice and has not been refiled for at least five years
- The individual successfully completed a pretrial diversion or deferred prosecution program
Expungement of felonies is less common. Having legal assistance can ease some of the confusion around clearing your record.
Non-Violent Offenses vs. Violent Crimes
While Alabama’s expungement laws apply to a broad range of offenses, violent felonies (such as murder, sex crimes, kidnapping, or serious assault charges) are generally not eligible for expungement. Certain exceptions may apply, but violent offenses often require more extensive legal review.
How to Apply for Expungement in Alabama
The expungement process in Alabama involves several legal steps. While it may seem straightforward, missing any requirement can result in delays or denials.
Here is a general overview of the process:
Obtain Court and Arrest Records
Before filing for expungement, you will need certified copies of relevant documents, including:
- The arrest record from the arresting agency
- The disposition record from the court that handled your case
These documents serve as proof of the case outcome and are required for expungement petitions.
Prepare and File an Expungement Petition
The petition must include:
- Your full name, date of birth, and social security number
- A description of the offense, including the case number
- The date of the arrest or charge
- A sworn statement explaining why expungement is warranted
Petitions must be filed in the circuit court of the county where the charge was originally filed. The court requires a filing fee, which varies by jurisdiction.
Notify the District Attorney’s Office
The district attorney (DA) must be informed of the expungement petition. In some cases, the DA may object to the request, requiring a formal hearing before a judge. If no objections are filed within 45 days, the court may grant the petition without a hearing.
Attend a Hearing (If Required)
If an objection is raised, the court may schedule a hearing to determine whether expungement should be granted.
During the hearing, a judge will review:
- The nature and severity of the offense
- The individual’s behavior since the charge
- Whether granting expungement serves the public interest
Having legal representation can make a significant difference in presenting a strong case at this stage.
Receive the Court’s Decision
If the court grants the expungement, the record will be sealed from public access. Once sealed, employers, landlords, and most institutions will no longer see the charge in background checks.
How Long Does Expungement Take in Alabama?
The expungement process can take months. It depends on how complex the case is and if there are any objections. Generally, most cases take between three to six months from filing to final approval.
However, court backlogs, missing documents, or legal disputes can cause delays. An attorney can manage the process. This helps make sure all paperwork is filed correctly and on time. It also cuts down on wait times.
Does Expungement Erase My Record Completely?
Expungement hides the record from the public. Still, some government agencies, courts, and law enforcement can access it in a limited way. Additionally, expunged charges do not restore gun rights or automatically reinstate professional licenses.
Job seekers in law enforcement, government, or regulated fields like healthcare or finance might still need to share expunged records in some cases.
Why Should I Hire an Attorney for Expungement?
While Alabama law allows individuals to file for expungement without an attorney, the process can be complicated.
Hiring an experienced attorney provides several advantages, including:
- Ensuring all necessary documents are collected and filed correctly
- Preparing strong arguments in case of DA objections
- Representing clients in court hearings (if required)
- Speeding up the process by avoiding common mistakes that lead to delays
- Offering legal advice on how expungement may affect jobs, licenses, and civil rights.
If you are unsure whether your case qualifies for expungement, a lawyer can review your record and help you determine the best course of action.
Contact Our Birmingham Criminal Defense Attorneys for a Free Consultation
Expungement can open doors to new opportunities by giving you a clean slate. However, the process is not automatic, and mistakes in filing can lead to delays or denials. The team at Jaffe, Hanle, Whisonant & Knight, P.C. has more than 100 years of experience. Contact us at (205) 930-9800. We handle complex criminal defense cases in Alabama, including expungement petitions.
If you are looking to clear your criminal record, we can guide you through the process and help you take the necessary legal steps. Visit Jaffe, Hanle, Whisonant & Knight, P.C. to schedule a free consultation and learn more about how we can assist with your expungement case.