Records relating to a conviction for a felony offense may be expunged by the court after the petitioner has been granted a certificate of pardon with restoration of civil and political rights for the conviction from the Board of Pardons and other requirements are met. Code of Ala. § 15-27-2(c).
Ineligible Category or Citation
Violent offenses as provided in Code of Ala. § 12-25-32, offenses involving moral turpitude, as provided in Code of Ala. § 17-3-0.1, sex offenses, as provided in Code of Ala. § 15-20A-5, and serious traffic offenses, as provided in § 32-5A, are excluded. Code of Ala. § 15-27-2(c).
The petition must be filed in the criminal division of the circuit court in the county in which charges were filed. For the specific procedure and requirements for expungement, see Code of Ala. § 15-27-2(c).
The court shall have the sole discretion over the number of cases that can be expunged after the first case is expunged. Code of Ala. § 15-27-5(c).
A $500 waivable administrative filing fee is required in addition to any court or docket fees. A petitioner may apply for indigent status. If the court finds the petitioner is indigent, the court shall waive the filing fee. For more information about this procedure, see Code of Ala. § 15-27-4(c).
The court orders the 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 the withdrawal of records previously transmitted to the FBI that were 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.
An expungement form is available here.