Overview Description

Records relating to charges for a felony offense that was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran's court, or any court-approved deferred prosecution program can be expunged by the court one year after completion of the program. Ala. Code § 15-27-2(a)(4).

Ineligible Category or Citation

Violent offenses as defined in section 12-25-32(14) of the Alabama Code.

Procedure General

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

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

Fees

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

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

Effect

The court orders the expungement of the records from agencies. Ala. Code § 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 the notice with the court. Ala. Code § 15-27-6(b).

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

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

Forms

Waiting Periods

The petition can be filed one year after successful completion of the program.

(non-prod server)