Alabama Expungement & Record Sealing Guide

Who Qualifies for Expungement in Alabama?

Alabama significantly expanded its expungement law in 2021 (SB 117) to include some conviction records — previously only available for non-convictions.

Non-Conviction Records (Arrests, Dismissals)

• Charges dismissed, nolle prossed, or acquittal — eligible after a waiting period based on offense class
• Class C misdemeanor or violation: 90 days
• Class A or B misdemeanor: 180 days
• Non-violent Class C felony: 1 year
• Non-violent Class A or B felony: 5 years

Conviction Records (2021 Expansion)

• Misdemeanor convictions where adjudication was withheld (probation / first offender)
• Non-violent Class C felony where adjudication was withheld after completing probation
• No new convictions for 3+ years after completing sentence

Not Eligible

• Class A felony convictions (murder, rape, robbery, etc.)
• Class B felony convictions (most)
• Sex offenses requiring registration
• Domestic violence convictions
• DUI/DWI convictions

Step-by-Step: How to Clear Your Record in Alabama

1. Obtain your criminal record — From Alabama Law Enforcement Agency (ALEA) criminal history unit.
2. File petition — In the court where the charge originated. Fee: $300.
3. Serve the DA — The district attorney's office is notified and has 45 days to object.
4. Hearing (if opposed) — A hearing is scheduled. Hearings are often informal for non-conviction cases.
5. Order issued — ALEA and all agencies must expunge records.

Waiting Periods

• Class C misdemeanor / violation (no conviction): 90 days
• Class A/B misdemeanor (no conviction): 180 days
• Non-violent Class C felony (no conviction): 1 year
• Non-violent Class A/B felony (no conviction): 5 years
• Withheld adjudication / probation completion: 3 years after completion

Costs

• Filing fee: $300
• ALEA record request: ~$25
• Attorney fees: $750–$2,500

Legal Services Alabama offers free assistance at legalservicesalabama.org.

What Record Clearing Does (and Doesn't) Do in Alabama

After a successful expungement or sealing in Alabama, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in Alabama for advice specific to your situation.