Alabama Expungement

Alabama Expungement Is Petition-Based, Not Automatic

If you've heard about "clean slate" laws in states like Michigan or Pennsylvania that automatically seal eligible records, Alabama doesn't work that way. As of 2026, Alabama has no automatic record clearing in statute. Every expungement requires filing a formal petition in the criminal division of the circuit court where the charges originated, under the applicable provisions of Code of Alabama §§ 15-27-1 and 15-27-2.

This means the process takes active effort, specific paperwork, and money — but for eligible offenses, the result is a sealed record that won't show up on standard background checks.

What Can Be Expunged

Alabama allows expungement for several categories, each with its own waiting period:

Non-conviction records — charges that were dismissed, resulted in a not guilty verdict, or were nolle prossed can be expunged after 90 days from the date of dismissal or acquittal.

Eligible misdemeanor convictions — certain misdemeanor offenses can be expunged three years after conviction once probation, community service, and other sentence requirements are complete.

Eligible non-violent felony charges — some non-violent felonies qualify five years after the applicable dismissal conditions.

Traffic violations — non-DUI traffic convictions can be eligible for expungement.

The critical exception: DUI convictions cannot be expunged in Alabama. A DUI stays on your record permanently, regardless of how old it is or whether it was a first offense.

What the Process Looks Like

Gather your records. You need a certified criminal history from ALEA ($25) and certified case summaries from the court where the charges were filed. These documents establish exactly what's on your record and confirm the disposition of each case.

File the petition. Submit a formal petition in the circuit court of the county where the original charges were filed. The petition identifies the specific charges you want expunged and establishes your eligibility under the statute.

Pay the filing fee. The standard administrative filing fee is $500. If you can't afford it, you can file an Affidavit of Substantial Hardship to establish indigency and potentially arrange a payment plan, but the court cannot issue a final expungement order until the full fee is paid.

Wait for the order. The court reviews the petition, may schedule a hearing, and if everything checks out, issues an expungement order directing ALEA and other agencies to seal the record.

What Expungement Does and Doesn't Do

A granted expungement seals the record from most public searches. The charges won't appear on standard employer background checks, and you can legally deny the charges existed in most contexts.

But expungement doesn't erase the record entirely from all systems. Law enforcement can still access sealed records in certain circumstances, and some professional licensing boards may require disclosure of expunged charges.

Expungement also doesn't affect your ALEA driver abstract. If the expunged offense resulted in a license suspension, the administrative action still appears on your driving record. Clearing the criminal record and clearing your driving record are separate processes handled by different agencies.

Connection to License Reinstatement

Many people pursuing expungement are also dealing with suspended or revoked driving privileges from the same underlying charges. If that's your situation, the reinstatement process is separate from and should run parallel to the expungement petition — you don't need to wait for expungement to get your license back.

The Alabama Driver's License Reinstatement Guide covers the administrative side: pulling your driver abstract, clearing court and agency holds, and paying ALEA reinstatement fees in the correct sequence.

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