How to File for Expungement in Alabama

First get a certified copy of your criminal history from ALEA. File a sworn Petition for Expungement of Records (Form CR-65) in the criminal division of the circuit court in the county where the charges were filed, attaching a certified arrest record, disposition or case action summary and the certified ALEA record. The form allows one charge per petition. Serve the district attorney, the law enforcement agency and the clerk of court. The district attorney and any victim have 45 days to object; if an objection is filed, the court sets a hearing no sooner than 14 days later and weighs factors such as the offense, the person's age and evidence of rehabilitation. If no objection is filed, the court may rule without a hearing.

An administrative filing fee of $500 is due when the petition is filed, in addition to court costs and docket fees. Multiple charges from one arrest need only one fee; charges from separate arrests each need a fee. A person may file an Affidavit of Substantial Hardship with the petition, and if the court finds the person indigent it must waive the $500 fee.

A person charged with a misdemeanor, violation, traffic violation, municipal ordinance violation or any felony may petition when: the charge was dismissed with prejudice, no-billed by a grand jury, or ended in a not-guilty verdict, and more than 90 days have passed; the charge was nolle prossed without conditions, more than 90 days have passed and it has not been refiled; the indictment was quashed and the charge cannot or will not be refiled; or the charge was dismissed after completing drug court, mental health court, veterans court, diversion or another court-approved deferred prosecution program (file one year after completion). A charge dismissed without prejudice qualifies if it has not been refiled and the person has had no other convictions (excluding minor traffic violations): for misdemeanors, the dismissal must be more than one year old with no convictions in the previous two years; for felonies, more than five years old with no convictions in the previous five years. Human-trafficking victims may also qualify.

The Alabama Law Enforcement Agency (ALEA), Criminal Records and Identification Unit, keeps the state criminal history record. To review your own record, complete the ALEA Application to Review Alabama Criminal History Record Information (ALEA CJIS Form 46), signed before two witnesses or notarized, and mail it with a copy of a valid photo ID, a set of your own fingerprints taken by a law enforcement agency on an FBI applicant card, and a $25.00 administrative fee (cashier's check or money order only; personal and business checks are not accepted) to ALEA, Criminal Records and Identification Unit, ATTN: Background Checks, P.O. Box 1511, Montgomery, AL 36102-1511. Allow at least 4-5 weeks. Errors can be challenged with Appendix A of the same form (not used for expungements). Questions: 334-676-7700.