How long does a felony stay on your record in Alabama?

Asked by: Mr. Toy Tillman MD  |  Last update: February 2, 2026
Score: 4.9/5 (45 votes)

In Alabama, a felony conviction generally stays on your public record indefinitely unless you get it sealed or expunged under the state's laws, like the REDEEMER Act, which allows expungement for pardoned felonies, certain non-violent offenses after waiting periods (e.g., 5 years for dismissed cases), and offers relief for licensed professionals through an Order of Limited Relief (OLR). The path to clearing a record involves proving rehabilitation, potentially getting a pardon, and filing petitions, with specific requirements and fees, so consulting a lawyer is crucial.

What felonies cannot be expunged in Alabama?

Crimes Not Eligible for Expungement

  • Violent crimes such as murder, rape, and aggravated assault.
  • Convictions for DUI/Driving Under the Influence.
  • Sex Crimes including sexual abuse, child pornography, and similar offenses.
  • Serious Felonies resulting in imprisonment or involving significant harm to another individual.

How to get a felony off your record in Alabama?

Alabama has no way to expunge a criminal record. In addition, it is clearly too late to move to withdraw your plea or request trial. There are ways to bring a collateral attack on a conviction, but, again, time is not on your side. Your question brings up several other questions, however.

What is the statute of limitations on a felony in Alabama?

In Alabama, most misdemeanors have a 12-month limitation period, and most felonies have a five-year limitation period. But some types of crimes, such as murder and arson, do not have a statute of limitations. The following table summarizes Alabama's criminal statute of limitations laws.

How far back can a background check go in Alabama?

How far back do background checks go in Alabama? Background checks may extend seven years into a candidate's history for civil lawsuits, judgments, liens, collection accounts, and arrests, per the Fair Credit Reporting Act (FCRA). Bankruptcies cannot be reported after ten years.

How Long Does An Expungement Take in Alabama?

25 related questions found

What is the hardest background check to pass?

The hardest background checks are typically US government security clearances (especially Top Secret/SCI) and those for high-level law enforcement, involving deep dives into criminal, financial (credit), employment, and personal history (interviews with associates) via extensive forms like the SF-86, far exceeding standard employment screening. These checks scrutinize all life aspects for integrity, reliability, and potential security risks, often requiring disclosure of past drug use, financial issues, and undisclosed criminal records, making them incredibly difficult to pass if issues exist. 

What shows up on a background check in Alabama?

A typical pre-employment background check in Alabama will report the following information:

  • Non-expunged felony or misdemeanor convictions.
  • Pending criminal matters.
  • Arrests resulting in convictions.
  • Listing on the sex offender registry.
  • Education history.
  • Employment history.
  • Address history.

What is a 7 year felony?

California. California prohibits CRAs from reporting convictions older than seven years under Cal. Civ. Code 1786.18(a)(7). This law also prohibits CRAs from reporting arrests not leading to convictions even if they occurred within the last seven years, but pending cases can be reported.

What is the Sunshine law in Alabama?

This law guarantees that Alabama's citizens have open access to agencies, boards, commissions, and other governmental bodies which conduct the people's business.

What is considered a felony in the state of Alabama?

Felony Charges in Alabama

A felony is a crime punishable by more than one year in state or federal prison. Felony charges can be brought by local, state, or federal prosecutors and are processed through state or federal courts, depending upon who brought the charges. Felonies are crimes against people and/or property.

Is it better to seal or expunge?

It's generally better to get a record expunged if you qualify, as it erases the record, making it as if it never happened and completely removing it from most background checks. Sealing a record hides it from public view, but law enforcement and some government agencies can still access it with a court order, making expungement the superior, though often harder to get, option for a truly clean slate. 

What felonies are not eligible for expungement?

Several types of offenses are automatically excluded from expungement eligibility in California:

  • Serious Sex Crimes Involving Minors. ...
  • Felonies That Resulted in Prison Time (Not Jail) ...
  • Crimes Related to Public Corruption. ...
  • Crimes Not Eligible Due to a Violation of Probation or Parole.

What's worse, felony 1 or felony 2?

A first-degree felony is worse (more severe) than a second-degree felony because it carries harsher penalties, often involving longer prison sentences (potentially life or even death penalty in some cases) and higher fines, reflecting the greater seriousness of crimes like premeditated murder, while second-degree felonies involve serious but generally less severe offenses like manslaughter or aggravated assault, with lesser, though still significant, punishments. The specific penalties vary by state, but the hierarchy (First > Second > Third Degree) is consistent, notes Kinsell Law Firm. 

How much does it cost to get a felony expunged in Alabama?

The new 2021 Expungement Law of the State of Alabama has a mandatory Administrative Filing Fee of Five Hundred Dollars ($500) per petition. All charges from a single arrest or incident only have one Administrative Filing Fee.

What's the least bad felony?

The least serious felony is typically a Class E or Class I felony, depending on the state, often involving non-violent property crimes, certain drug possession, or lower-level financial fraud, but penalties still range from probation to several years in prison, with examples including grand larceny or criminally negligent homicide in NY, or dog larceny in NC, though which specific crime qualifies depends heavily on jurisdiction and the offender's record.
 

Can a felon get their gun rights back in Alabama?

Note that while the Alabama Board of Pardons and Paroles has the authority to restore state civil rights, including firearm rights, for its residents with federal convictions and convictions from other states, the Supreme Court has held that the Supreme Court has held that federal restrictions are removable only ...

What is Erin's law in Alabama?

Erin's Law has been adopted in a number of states to help address the problem of child sexual abuse. (2) The intent of Erin's Law is to shatter the silence and stigma around child sexual abuse, and to educate children and empower them to recognize and to report abuse.

What is the rule 59 in Alabama?

Rule 59(a) states that on a motion for new trial in a non-jury case, the court “may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.” Rule 59(e) provides for the filing of ...

What is Emily's law in Alabama?

Alabama's Emily's Law, passed in 2018, creates a legal process for declaring dogs dangerous after serious attacks, holding owners accountable with felony charges and potential jail time for severe incidents, and mandating strict conditions or euthanasia for dangerous dogs, all to promote public safety and responsible ownership. The law names a process for investigation and court hearings to determine if a dog is dangerous, leading to outcomes like mandatory microchipping, secure enclosures, registration fees, or humane euthanasia for dogs that have seriously injured or killed someone without justification. 

What's the worst felony to get?

The "worst" felony is typically a Capital Felony, often defined as premeditated murder, treason, or espionage, carrying penalties of life imprisonment or the death penalty, though federal systems classify the most severe as Class A felonies, which also include murder, terrorism, and large-scale drug trafficking, punishable by life in prison or the death penalty. Specifics vary by state, but generally, the most serious crimes (like first-degree murder, aggravated sexual assault, arson causing death) fall into the highest categories (Class A, First Degree, Capital). 

Do felonies stay on your record forever?

In California, a felony conviction typically stays on your record indefinitely unless you take action to have it removed. This means that without intervention, your felony conviction could potentially impact your life for years to come.

What states are felon friendly?

These Are the States Most Likely to Hire Former Felons

  • California.
  • Colorado.
  • Kansas.
  • Maryland.
  • Massachusetts.
  • Montana.
  • Nevada.
  • New Hampshire.

How far back do background checks go in Alabama?

However, state law does not limit a criminal background check to seven years in Alabama. An Alabama criminal records check can go back indefinitely, although employers that partner with a CRA must comply with the lookback restrictions of the federal Fair Credit Reporting Act (FCRA).

What makes you not pass a criminal background check?

Warning signs on a background check include multiple periods of unexplained unemployment, inconsistent information, short periods of employment, minimal relevant job experience, no required education or training, professional license issues, dangerous criminal convictions, job-related criminal convictions, bad ...

What are red flags on a background check?

Red flags on a background check are inconsistencies or negative findings like criminal history (especially violent or financial crimes), employment/education discrepancies (lying about degrees or dates), poor credit, failed drug tests, or unprofessional social media that raise concerns about a candidate's integrity, judgment, or suitability for a role. Major red flags include criminal records, dishonesty, financial irresponsibility (for financial roles), and substance abuse issues.