Overview Description

Records relating to an offense that resulted from being a victim of human trafficking can be expunged by the court at any time. Code of Ala. §§ 15-27-1(a)(5), 15-27-2(a)(6), (b).

Ineligible Category or Citation

Violent offenses as defined in section 12-25-32(14).

Procedure General

The petition must be filed in criminal division of circuit court in county in which charges were filed. For specific procedure, see Code of Ala. section 15-27-1 et seq.

The court shall have the sole discretion over the number of cases that may be expunged after the first case is expunged. Code of Ala. § 15-27-5(c).

Fees

A $300 non-waivable administrative filing fee is required in addition to any court or docket fee. Code of Ala. § 15-27-4.

The court may order a payment plan if petitioner is found to be indigent, but administrative fee must be paid in full before the court will grant an expungement. Code of Ala. § 15-27-4(b).

Effect

The court orders expungement of records from agencies. Code of Ala. § 15-27-6(a).

The proceedings regarding the charges are deemed never to have occurred. The court and other agencies will reply that no record exists in response to any inquiry. The petitioner need not disclose the fact of the record on an application for employment, credit, or other type of application. However, the petitioner must disclose the record to any government regulatory or licensing agency, any utility and its agents or affiliates, or any bank or other financial institution. These agencies have the right to inspect the expunged record after filing notice with the court. Code of Ala. § 15-27-6(b).

Expunged records are not transmitted to the FBI and the state criminal justice information center requests withdrawal of records previously transmitted to the FBI and later expunged. Code of Ala. § 15-27-7.

Unauthorized, intentional and malicious release of expunged records is a Class B misdemeanor. Code of Ala. § 15-27-16.

Forms

An expungement form can be found here.

Waiting Periods

There is no waiting period.

(non-prod server)