How to Clear Your Criminal Record in Alabama

What You Need to Know First

Alabama expungement erases the record. When expungement is granted in Alabama, the entire record of the criminal offense is removed from public databases. The record will no longer appear on background checks and you have no duty to disclose it on employment, housing, credit, or other applications.

Expungement is discretionary in Alabama. Even if you meet all requirements, the circuit court judge has full discretion to grant or deny your petition. The judge weighs the circumstances of the offense, your behavior since the conviction, your rehabilitation, and the interests of justice. Meeting the eligibility requirements gets you in the door — it does not guarantee a grant.

Violent offenses are never eligible. Alabama defines 45 violent offenses — none of them can be expunged under any circumstances, even if the charge was dismissed or the person was acquitted. This is one of the strictest rules in Alabama expungement law. Check the list carefully before filing.

Alabama has three main expungement pathways depending on whether your case resulted in a conviction and the type of offense.

Non-Conviction Records

DISMISSED / ACQUITTED — FREE

Charges dismissed with prejudice, acquittals, no bills, and nolle prosequi cases are eligible for free expungement after 90 days. Dismissed without prejudice requires longer waiting periods. No filing fee for non-conviction records.

Misdemeanor Convictions

$150 FEE — 3 YEAR WAIT

Eligible misdemeanor convictions can be expunged after 3 years from conviction date. All probation, fines, costs, and restitution must be paid in full. Violent misdemeanors and certain excluded offenses are not eligible.

Felony Convictions

PARDON REQUIRED FIRST

Felony convictions require a certificate of pardon with full restoration of civil and political rights from the Alabama Board of Pardons and Paroles before expungement can be sought. After pardon, petition the circuit court. Violent felonies are permanently ineligible.

What Can — and Can't — Be Expunged

ELIGIBLE FOR EXPUNGEMENT

Dismissed with prejudice — after 90 days, no fee
No bill (grand jury declined to indict) — after 90 days
Not guilty verdict — after 90 days, no fee
Nolle prosequi without conditions — after 90 days
Dismissed without prejudice (misdemeanor) — after 1 year, no new convictions in prior 2 years
Dismissed without prejudice (felony) — after 5 years, no new convictions in prior 5 years
Diversion / accountability court completion — after 1 year
Nonviolent misdemeanor conviction — after 3 years
Nonviolent felony conviction — after pardon with civil rights restoration
Human trafficking victims — offenses committed while being trafficked

NOT ELIGIBLE FOR EXPUNGEMENT

Any of the 45 violent offenses — even if dismissed or acquitted
Sex offenses requiring registration
Felony convictions without a pardon first
Cases with unpaid fines, costs, or restitution
Active probation or parole
New conviction during the waiting period
Pending criminal charges

The violent offense list is broad. Alabama's 45 defined violent offenses include murder, kidnapping, robbery, burglary, certain assaults, arson, and others. Even a dismissed or acquitted charge for a violent offense cannot be expunged. Review the full list at Ala. Code § 12-25-32 before filing — this rule catches many people by surprise.

Waiting Periods

All waiting periods require that fines, costs, and restitution be paid in full — or that the court finds indigency. No new felony or misdemeanor convictions may occur during the waiting period, excluding minor traffic violations.

Dismissed with prejudice / acquittal / no bill

90 days

Nolle prosequi without conditions

90 days

Diversion / accountability court completion

1 year

Dismissed without prejudice — misdemeanor

1 year

Misdemeanor conviction

3 years

Dismissed without prejudice — felony

5 years

Felony Conviction Expungement — The Pardon Pathway

Alabama is one of only a few states that requires a full pardon with civil rights restoration before a felony conviction can be expunged. This is a two-step process — pardon first, then expungement petition.

A

Step One — Apply for a Pardon with Civil Rights Restoration

Apply to the Alabama Board of Pardons and Paroles for a certificate of pardon with full restoration of civil and political rights. This is a separate application process with its own waiting periods and requirements. The Board reviews your application, your conduct since conviction, and your rehabilitation. There is no guarantee of a pardon. Visit the Board at alabamainteractive.org/paroles.

B

Step Two — Petition the Circuit Court for Expungement

After receiving your certificate of pardon with civil rights restoration, file an expungement petition with the criminal division of the circuit court in the county where the charges were filed. Include your pardon certificate, certified criminal history, and all required documents. Pay the $150 filing fee or request an indigency waiver.

How to File — Step by Step

1

Get Your Alabama Criminal History

Request a certified criminal history from the Alabama Criminal Justice Information Center (ACJIC). This is required with your petition. You'll also need a certified record of arrest, disposition, or case action summary from the court where your case was filed. Get criminal history information at alea.gov.

2

Prepare Your Sworn Petition

Your petition must be a sworn statement under penalty of perjury stating you have met all requirements — and must disclose whether you have previously applied for expungement in any jurisdiction and whether an expungement was previously granted. Attach your certified criminal history, certified case action summary, and proof that all fines, costs, and restitution have been paid. Get forms from the Alabama Courts at alacourt.gov.

3

File in the Circuit Court and Pay the Fee

File your petition in the criminal division of the circuit court in the county where the charges were filed. Pay the $150 administrative filing fee. If you cannot afford the fee, request an indigency finding from the court — the fee may be waived. There is no fee for non-conviction expungements (dismissed charges, acquittals, no bills).

4

Prosecutor Review and Objection Period

After your petition is filed, the prosecutor has 45 days to object. If the prosecutor objects, the circuit court judge will schedule a hearing. If no objection is filed, the judge may still schedule a hearing or may rule on the petition without one. Either way, the decision is entirely at the judge's discretion.

5

Attend Your Hearing if Scheduled

If a hearing is scheduled, come prepared with evidence of your rehabilitation — employment records, letters of support, community involvement, and any other evidence that demonstrates why expungement serves the interests of justice. The judge has full discretion and will consider the nature of the offense, your conduct since, and any victim input.

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After Expungement Is Granted

If granted, the court issues an expungement order and notifies all relevant agencies including the Alabama Law Enforcement Agency (ALEA). Records are removed from public databases. You have no duty to disclose the expunged record on employment, housing, or other applications. Keep a certified copy of your expungement order in case any private database is slow to update.

Official Forms

Alabama Courts — Expungement Forms

Official expungement petition forms and instructions from the Alabama Unified Judicial System

Get forms at alacourt.gov →

ALEA — Certified Criminal History

Request your certified Alabama criminal history from the Alabama Law Enforcement Agency — required for your petition

Visit alea.gov →

Alabama Board of Pardons and Paroles

Apply for a pardon with civil rights restoration — required first step for felony conviction expungement

Visit alabamainteractive.org →

Find Your County Circuit Court

Find the criminal division of the circuit court in the county where your charges were filed

Visit alacourt.gov →

Helpful Resources

FREE LEGAL HELP

Legal Services Alabama

Free civil legal help for low-income Alabamians — including expungement guidance statewide

legalservicesalabama.org →

FREE LEGAL HELP

Alabama State Bar — Lawyer Referral

Find a licensed Alabama attorney for expungement help — especially important given the judge's full discretion

alabar.org →

HOUSING, FOOD & BENEFITS

findhelp.org

Search thousands of free and reduced-cost programs for housing, food, work, and more in your area

findhelp.org →

JOB SEARCH HELP

American Job Centers

Free job search assistance, resume help, and training — including resources for people with records

careeronestop.org →

PARDONS & PAROLES

Alabama Board of Pardons and Paroles

Official pardon and civil rights restoration information — required first step for felony conviction expungement

alabamainteractive.org →

ACCOUNTABILITY COURTS

Alabama Courts — Diversion Programs

Find drug court, mental health court, and veterans court programs in Alabama — completion leads to expungement eligibility

alacourt.gov →

Frequently Asked Questions

Can a dismissed charge be expunged even if it was violent? +

No — this is one of the most important rules in Alabama expungement law. Alabama's 45 defined violent offenses cannot be expunged under any circumstances, even if the charge was dismissed, the person was acquitted, or no bill was returned. The violent offense designation applies regardless of the outcome of the case. Review the full list in Ala. Code § 12-25-32 before filing — charges like robbery, burglary, certain assaults, and kidnapping are on this list and frequently surprise people.

What is the Redeemer Act and how does it help? +

The Redeemer Act (signed January 2021) expanded Alabama's expungement law to allow certain nonviolent felony and misdemeanor convictions to be expunged — not just dismissed charges. Before the Redeemer Act, conviction expungement was extremely limited. The 2021 law added pathways for misdemeanor conviction expungement after 3 years and for felony conviction expungement after a pardon. It also expanded diversion program eligibility. In 2025, Alabama further expanded accountability court programs available to defendants dealing with drug addiction, mental health challenges, and veteran status.

Is expungement guaranteed if I meet all requirements? +

No — Alabama expungement is entirely discretionary. Meeting all statutory requirements gets your petition before the judge, but the circuit court judge has full authority to grant or deny based on the interests of justice. The judge considers the nature and circumstances of the offense, your conduct and rehabilitation since, any victim input, and public safety. An attorney who presents a compelling case for rehabilitation meaningfully improves your chances. A denial can be challenged on appeal only for abuse of discretion, which is a high bar.

What does the prosecutor's 45-day review period mean? +

After you file your petition, the prosecutor has 45 days to object. If they object, the circuit court sets a hearing where you and the prosecutor both present arguments. If they do not object within 45 days, the judge may still hold a hearing or rule on the papers alone — but the absence of an objection is a good sign. For non-conviction cases (dismissed charges, acquittals), the absence of an objection often results in a grant without a formal hearing.

Can I deny the conviction after expungement? +

Yes — after expungement in Alabama, you have no duty to disclose the expunged record on applications for employment, credit, housing, or any other purpose. The record is removed from public databases and will not appear on standard background checks. Law enforcement agencies and courts retain access to expunged records for limited purposes. Applicants for law enforcement positions may still be required to disclose expunged records.

Do I need an attorney? +

Given that Alabama expungement is fully discretionary and the judge can deny even a technically eligible petition, working with an Alabama attorney is strongly recommended — especially for conviction expungements or cases where the prosecutor is likely to object. An attorney can present the strongest possible case for your rehabilitation. Legal Services Alabama offers free help for those who qualify. For simple non-conviction dismissals (especially older cases), self-filing is more common.

After Your Record Is Expunged

After expungement in Alabama, the entire record of the criminal offense is removed from public databases. You have no duty to disclose it on employment, housing, credit, or other applications. The record will not appear on standard background checks.

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Employment

Expunged records are removed from public databases and will not appear on standard employer background checks. You have no legal duty to disclose the expunged record on most private job applications. Applicants for law enforcement or certain government positions may still be required to disclose expunged records under Ala. Code § 15-27-18.

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Gun Rights

Alabama law (§ 15-27-15) specifies that expungement does not automatically restore the right to ship, transport, possess, or receive a firearm under federal law. If you had a felony conviction, even after expungement, federal firearms laws may still apply. Consult a licensed Alabama attorney before purchasing or possessing a firearm if you have any felony history.

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Professional Licensing

Expunged records generally cannot be used against applicants for professional licenses in Alabama. Alabama's 2025 expansion of accountability courts also added an Order for Limited Relief pathway for people legally barred from obtaining specific occupational licenses — providing an alternative route if expungement is not yet available. Contact the specific licensing board for their requirements.

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Background Check Databases

After expungement, ALEA notifies all relevant agencies to remove the records. Private background check companies may lag in updating their databases. Keep a certified copy of your expungement order and dispute any records that still appear. Under Ala. Code § 15-27-16, disclosure of an expunged record without a court order can result in civil liability.

For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.