Expungement in Alabama: Who Qualifies to Clear a Criminal Record in 2026

A criminal record in Alabama can be expunged when the law allows it. Dismissed charges, no billed charges, and acquittals can usually be cleared. Many nonviolent misdemeanor convictions can be expunged three years after conviction. Some pardoned felony convictions qualify as well. The petition is filed in the circuit court and requires a five hundred dollar administrative fee.

That is the short answer. Here is the longer one.

The question I hear at the office

A record follows people. It shows up when they apply for a job, an apartment, a professional license, or a firearm permit. The charge might be ten years old. It might have been dismissed. It still shows up. Alabama law gives many people a way to remove it, and most people who qualify have never filed.

The law lives in Title 15, Chapter 27 of the Code of Alabama. The Legislature expanded it in 2021 with the REDEEMER Act, and for the first time allowed expungement of certain convictions, not just dismissed charges.

Charges that never became convictions

If your charge was dismissed with prejudice, no billed by a grand jury, or you were found not guilty, you are generally eligible to petition. If the charge was dismissed without prejudice, there is a waiting period while the state's ability to refile winds down. These are the cleanest cases and the ones courts grant most often.

Misdemeanor convictions

Since 2021, a misdemeanor conviction can be expunged when three things are true. You completed your sentence, including probation and every fine, cost, and restitution amount. At least three years have passed since the conviction. And the offense was not a violent offense, a sex offense, a crime of moral turpitude, or a serious traffic offense. DUI is treated as a serious traffic offense, so a DUI conviction cannot be expunged. Alabama caps how many misdemeanor convictions one person can expunge in a lifetime at two.

Felony convictions

A felony conviction is the hardest record to clear, and most cannot be. The path that exists runs through the Board of Pardons and Paroles. If you receive a full pardon with your civil and political rights restored, and the felony was not a violent offense or a sex offense, you may petition for expungement after one hundred eighty days have passed from the pardon. Felony charges that were dismissed or no billed follow their own waiting rules and are often eligible.

What it costs and where it is filed

The petition is filed in the circuit court of the county where the charge originated. For a Dallas County charge, that means the Dallas County Circuit Court in Selma. The state charges a five hundred dollar administrative filing fee per case, on top of ordinary court costs. The district attorney gets notice and a chance to object. If there is an objection, the judge holds a hearing and decides.

What expungement actually does

When the order is granted, the arrest and the court file are removed from public view. Employers and landlords running ordinary background checks will not see the charge, and in most situations you may lawfully deny the arrest ever happened. Law enforcement and certain licensing bodies retain limited access. It is not a time machine, but for most everyday purposes the record is gone.

Frequently asked questions

How long does an Alabama expungement take?

Most petitions resolve in two to five months, depending on the county, whether the district attorney objects, and whether the judge sets a hearing.

Can a DUI be expunged in Alabama?

A DUI conviction cannot be expunged because the statute excludes serious traffic offenses. A DUI charge that was dismissed or ended in acquittal may be eligible.

Does an expunged charge come back?

No. Once granted, the expungement is permanent. Certain agencies keep restricted access for narrow purposes, but the public record is cleared.

Do I have to go to court?

Only if the district attorney or a victim objects and the judge sets a hearing. Many uncontested petitions are decided on the papers.

How many convictions can I expunge?

Two misdemeanor convictions in a lifetime. Dismissed charges and acquittals do not count against that cap.

The Law Offices of Elliott Owen Lipinsky handles expungements across Selma, Dallas County, Montgomery, and the West Alabama Black Belt. The first conversation is free, and I can usually tell you in one phone call whether your record qualifies. Call (334) 230-7986.