Clearing a Record
Ala. Code § 15-27-1 — a charge that ended without a conviction after 90 days, and a misdemeanor conviction after three years
A person charged with a misdemeanor, a violation, a traffic violation or a city ordinance violation may petition the criminal division of the circuit court in the county where it was filed to expunge the records of the charge when it was dismissed with prejudice, no billed by a grand jury, or ended in a not guilty finding, and more than 90 days have passed. The same holds for a felony charge.
Who handles this in Alabama: Alabama Appleseed and Alabama Supreme Court and State Law Library, Self-Help; and legal aid programs, lawyer referral and the state offices, listed in the Alabama directory.
- A charge nolle prossed without conditions and not refiled, after more than 90 days.
- A charge dismissed after a drug court, mental health court, veterans court or diversion program, one year after finishing the program.
- A misdemeanor charge dismissed without prejudice more than one year ago and not refiled, with no other conviction in the previous two years, minor traffic violations aside. For a felony charge, more than five years, and no conviction in the previous five years.
- An offense committed while the person was a victim of human trafficking, and because of it.
| A conviction for | Can be expunged when |
|---|---|
| A conviction forA misdemeanor, violation, traffic violation or ordinance violation | Can be expunged whenProbation or parole and every fine, cost and restitution are finished, and three years have passed since the conviction |
| A conviction forA felony | Can be expunged whenA pardon with restoration of civil and political rights was granted, the rights are restored, and one hundred eighty days have passed since the pardon |
| A conviction forEither | Can be expunged whenNot when it is a violent offense, a sex offense, an offense of moral turpitude or a serious traffic offense |
The petition carries a sworn statement and certified records, and is served on the district attorney, the arresting agency and the clerk. The district attorney and the victim have 45 days to file a written objection, or the objection is waived.
Treated as never having happened. Once records are expunged, the proceedings are treated as never having occurred, and courts and agencies answer that no record exists. The person need not disclose it on an application for employment or credit, but still discloses it to a government licensing agency, a utility, or a bank.
Sources for this section (4)
- Ala. Code § 15-27-1 — Petition to Expunge Records - Misdemeanor Offense, Violation, Traffic Violation, or Municipal Ordinance Violation
- Ala. Code § 15-27-2 — Petition to Expunge Records - Felony Offense
- Ala. Code § 15-27-3 — Submission of Sworn Statement and Records; Service
- Ala. Code § 15-27-6 — Order of Expungement; Certification; Inspection of Expunged Records
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.