No. Under the new Alabama expungement law only cases where the charges are dismissed (with or without prejudice), no billed by the Grand Jury, or where the person is acquitted after a trial can be expunged. In cases where the charges were dismissed without prejudice, special restrictions apply.
Misdemeanors, violations, traffic citations and violations, and municipal ordinance violations can be expunged. Felony cases can be expunged with certain restrictions.
The Circuit Court in the county were the charges were originally filed has jurisdiction over an expungement petition.
There is a $300.00 administrative fee plus any cost of court or docket fee. There is a fee to get your fingerprints taken. There is a fee to get your certified criminal record from the Alabama Criminal Justice Information Center.($25.00) There is a fee to get a certified copy of your case action summary sheet.
Circuit Court of the county where you were charged.
A Petition for Expungement is prepared and filed with the Circuit Court in the jurisdiction where the charge was originally filed.
The Petition MUST include the following:
You are eligible if you were charged with a misdemeanor criminal offense, a violation, a traffic violation, or a municipal ordinance violation. And, you would need to meet one of the following circumstances:
Non Violent Felony Charges
Violent felonies cannot be expunged at this time. You are eligible if you were charged with a non-violent felony charge as long as you meet ONE of the following requirements:
Yes there is in Alabama. If a felony, and the case was dismissed without prejudice, you must wait five years from the time of the dismissal before you can apply for expungement. In addition, the charges cannot have been re-filed and you cannot have been convicted of any other criminal offense during the five year period (excluding minor traffic offenses).
Yes thee is in Alabama. If a felony, and the case is dismissed with prejudice, you must wait ninety days before you can apply for expungement under the Alabama expungement law.
Only if the victim or prosecuting attorney objects to the expungement.
Yes. The law is very complicated and an experienced attorney can decide if you qualify for expungement in Alabama. If you qualify, the attorney can handle all of the paperwork to make the process much easier.
It will take 10-20 days to gather all information, obtain certified records, prepare the petition and file all documents with the Circuit Court where the charge occurred after getting your certified record from the Alabama Criminal Justice Information Center. If there is no objection to the Petition for Expungement from the prosecuting authority or the victim within 45 days of the filing, then the Expungement will be granted. It is estimated it will require approximately 60-120 days from start to finish depending if an objection is filed.
Arrest records, photos related to booking or arrest, index references for public records searches and other documents or electronic files concerning the arrest or charge.
If you need to file a petition for expungement in Decatur or Huntsville, Alabama, we are here to help. Call 256-534-3435 or 256-350-7200.
Huntsville Office Location:
303 Williams Avenue SW
Huntsville, AL 35801
Decatur Office Location:
401 Lee Street, Suite 607A
Decatur, AL 35601
We serve Cullman, Jackson, Lawrence, Limestone, Madison, and Morgan Counties.