In 2014 the Alabama legislature approved measures to expunge, or “seal”, the criminal records of Alabama residents who have been charged with a non-violent felony or misdemeanor but never convicted. However, as of February 2021, the Alabama legislature made critical improvements to our expungement law and expanded it. 

Every Alabamian should know that as of today certain convictions for particular misdemeanors and felonies can now be expunged. People with decades old convictions still bothering them in job hunts or getting car insurance or housing loans can now seek relief. Expungement allows the record to be erased from public view as though the crime never happened. Clients looking to improve their record for job interviews can use this powerful tool to prevent problems during a background check.

Why is this so important? Often times an arrest record and/or a conviction can affect employment opportunities, education, housing, loans, etc.

WHO IS ELIGIBLE? MISDEMEANORS & FELONIES

For Misdemeanor Charges:
Anyone charged with a misdemeanor offense, a violation, a traffic violation, or a municipal ordinance violation and one of the following applies to you:

  1. The charge has been dismissed with prejudice and more than 90 days have passed.
  2. The charge has been no billed by a grand jury and more than 90 days have passed.
  3. You have been found not guilty of the charge and more than 90 days have passed.
  4. The charge was dismissed without prejudice more than one year ago, has not been refiled, and you have not been convicted of any other felony, misdemeanor crime, violation, or traffic violation (except minor traffic violations) during the previous two years.

For Misdemeanor Convictions:

Before you can have a conviction of a misdemeanor offense, a violation, a traffic violation, or a municipal ordinance violation expunged from your record, you must complete the following requirements:

  1. You must have completed all probation or parole requirements, which includes paying off all fines, court costs, restitution, fees, etc. that are associated with the conviction.
  2. Three years have passed from the date of conviction.
  3. The conviction is not for a violent and/or sex offense.
  4. The conviction is not for a serious traffic offense.
  5. The conviction is not for a crime of moral turpitude.

Examples of Convictions Where Expungement Applies:

The new changes to Alabama’s expungement law allow for the following convictions to qualify for expungement:

• Low-level drug offenses (excluding trafficking), such as unlawful possession of a controlled substance, unlawful possession of marijuana (1st or 2nd degree), and unlawful possession of drug paraphernalia. 

• Low-level property offenses, such as 3rd and 4th degree theft and receiving stolen property. 

• Low-level violations, traffic violation, and municipal ordinance violations, such as public intoxication. 


For Felony Charges:

If you were charged with a felony offense, then you may be entitled to petition for expungement of that record if one of the following applies to you:

  1. The charge was dismissed with prejudice and more than 90 days have passed.
  2. The charge has been no billed by a grand jury and more than 90 days have passed.
  3. You have been found not guilty of the charge and more than 90 days have passed.
  4. A petition of expungement may be filed after one year from the date of successful completion of a drug court program, mental health court program, diversion program, Veterans court, or any court-approved deferred prosecution program.
  5. The charge was dismissed without prejudice more than five years ago, has not been refiled, and you have not been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations, during the previous five years.

For Felony Convictions: 

Just like for misdemeanor convictions, certain requirements must be met before a felony conviction can be expunged from your record:

  1. You must be granted a pardon by the governor with a certificate of restoration of civil and political rights from the Board of Pardons and Paroles.
  2. 180 days have passed from the date of receiving the pardon.
  3. The conviction is not for a violent and/or sex offense.
  4. The conviction is not for a crime of moral turpitude.
  5. The conviction is not for a serious traffic offense.

If you are interested in talking to an attorney about an expungement, contact us and talk to one of our attorneys at no cost to you.