What is the new expungement law in Alabama?
Asked by: Cleve Streich III | Last update: August 1, 2025Score: 4.7/5 (74 votes)
FELONY ARRESTS AND CONVICTIONS Under the new Alabama expungement law, a person who has been charged, but not convicted of a felony may file a petition to expunge the record under the following circumstances: The charge was dismissed with prejudice and more than 90 days have passed.
What charges cannot be expunged in Alabama?
- Violent Offenses as defined by Alabama Code Section 12-25-32.
- Sex Offenses as defined by Alabama Code Section 15-20A-5.
- Crimes of Moral Turpitude as defined by Alabama Code Section 17-3-30.1.
What is the Clean Slate Act in Alabama?
In 2014, Alabama passed legislation allowing many individuals arrested or charged with a crime- but not convicted- the opportunity to have crimes erased from their record. Expungement gives individuals a fresh start and the freedom to make decisions without worrying about the implications of a criminal record.
How long do you have to wait to get your record expunged in Alabama?
Misdemeanor Charge AND Conviction:
Furthermore, you must wait a period of three (3) years from the date of conviction to apply for an expungement. Also – it is important to note that you are only allowed to expunge two misdemeanor convictions in the State of Alabama.
What kind of felonies can be expunged?
California Law
For example, in California, felony convictions can only be expunged if: no time was served in state prison, felony probation was successfully completed, and. you are not currently facing criminal charges, on probation, or serving another sentence.
Five Reason to Get an Expungement of Criminal Record in Alabama
How to find out if your criminal record has been expunged?
You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed.
How much does it cost to get a record 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.
Is a pardon better than an expungement?
Unlike expungement, a pardon does not erase a criminal record. Instead, it is a formal forgiveness for the crime, relieving the individual from the legal consequences associated with the conviction.
How far back does a criminal background check 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 is the Clean Slate Act of 2024?
The Clean Slate Act, launching by the end of 2024, will allow eligible individuals to have their criminal records sealed, promoting personal growth. To mark its rollout, I am hosting a Clean Slate Panel and Free Clinic on November 16, 2024 (12pm-5pm), at City College.
Can a felon get his gun rights back in Alabama?
In Alabama, the only way to get your gun rights back after a felony conviction is through a pardon from the state's Board of Pardons and Paroles.
What is the best degree for a convicted felon?
- Construction Management. Many construction companies do not perform background checks. ...
- Counseling. Some agencies hire ex-offenders as counselors to help those who are currently incarcerated. ...
- Computer Science. ...
- Culinary Arts. ...
- Graphic Design.
What is the Redeemer Act in Alabama?
In April 2021, the Alabama legislature passed the REDEEMER Act which now allows individuals to seek the removal of both non-convictions and convictions of certain misdemeanor and felony cases. Charges can also be expunged if the charge was no-billed by a grand jury, the individual was found not guilty.
Can a judge see an expunged record?
If you are arrested again for another crime, law enforcement agencies, prosecutors, and the criminal court may still be able to see your expunged records. The court can use your prior conviction against you as allowed by state and federal law.
What is a full pardon in Alabama?
If the Board grants a pardon, the Board will also decide whether to restore any or all civil and political rights lost as a result of the conviction. The Board may grant a full pardon, which restores all rights, or they may grant a pardon with restrictions.
What crimes can be expunged in Alabama?
Alabama law permits the expungement of the vast majority of misdemeanor and felony charges, provided the charges were resolved in your favor. The law also allows for the expungement of convictions in certain cases.
What happens to a felony after 7 years?
Do I have to disclose a felony after seven years? If you have an old felony that has been expunged, you can legally state that you haven't been convicted of a crime. However, the FCRA allows CRAs to report non-expunged felony convictions regardless of age.
How long does it take for your record to clear after expungement in Alabama?
In practice, our law firm's experience in Alabama expungement case procedure post-expungement order, the following generally happens: in a few weeks to a few months (but up to 180 days) the Alabama Law Enforcement Agency (ALEA) will mail a letter to the client informing them, in substance, that the record(s) of the ...
What is partial expungement?
A “Partial” or “991c” expungement clears a person's court record associated with a criminal matter (at the Court Clerk's office, oscn.com, and odcr.com), but it does not expunge the arrest record associated with the incident.
What is the difference between vacated and expunged?
While you can than legally say that you've never been convicted of a crime, you cannot say that you've never been charged with a crime. And while the conviction has been vacated, it is still open to the public. Expungement refers to the removal of this non-conviction data from state patrol records.
How many records can you get expunged?
As a general rule, you can have two convictions expunged (one felony and one misdemeanor or two misdemeanors). Minor misdemeanors don't count when counting your convictions (charges that didn't carry any jail time). There are some limited situations where you can have more than two convictions expunged.
Can local police see expunged records?
Courts, law enforcement, prosecutors, and other criminal justice agencies can access expunged records for future criminal investigations and charging and sentencing decisions.
Will an expunged record show up on a federal background check?
A Level 2 FBI Background Check
A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.
What agencies can see expunged records?
- Criminal justice agencies (court administrative jobs, positions with juvenile court or state prisons, police officer jobs)
- Human service agencies (social work positions, probation officer positions, counselors)
- Department of Education (working in a public school)