How to Get a Felony Expunged in Alabama

Yes, it can be possible to have a felony expunged from an individual’s criminal record in the State of Alabama. The terms expungement and sealing may be used interchangeably when referring to criminal records.

There are several circumstances in which a felony can be expunged from an individual’s record, including if:

• The case was dismissed
• The case was no-billed
• The defendant was found not guilty.

A defendant can file a petition for having a felony expunged from their record in the circuit court in the county where the charges were filed. It is important to be aware that there are eligibility requirements, which may include:

• The charge was nonviolent
• The individual received a full pardon from the Alabama Board of Pardons and Paroles
• At least 180 have passed since they received a pardon
• The individual was not convicted of any other crimes during that waiting period
• The individual has completed all of their court-ordered payments

If an individual’s record is sealed or expunged, it will no longer be available to the public, which includes potential employers and landlords. In addition, the felony will not appear on criminal background checks.

It is important to be aware that, even though the information may not be available to the public, it is possible that law enforcement agencies or other agencies may be able to access the information under some circumstances. Certain parties or agencies, such as licensing or employment entities, may still access these records if an individual:

• Is questioned about the expunged record at a criminal trial under oath
• Applies for naturalization or immigration procedures
• Is applying with the federal government or military for a job that requires a background check or security clearance
• Is applying for a state license that requires them to swear under penalty of perjury about their criminal record

Expunged records can only be accessed by other types of agencies or entities if they have a court order. Once a felony has been expunged, the individual is allowed to say that they were never convicted of a criminal offense when they are applying for housing or employment.

• This can help when someone is seeking a fresh start, as a criminal record can affect so many areas of life, such as:
• Owning firearms
• Being able to adopt children
• The ability to do volunteer work
• The right to vote
• Obtaining employment
• College acceptance
• Being approved for a loan
• Being allowed to rent a home

Even in situations where someone was not formally convicted, even if they have a record of arrest or criminal prosecution, they can face the same types of issues they would face if they did have a criminal conviction on their record. It may also be able to seal dismissed charges, uncharged arrests, and acquittals.

An individual should consult with a local Alabama lawyer for more information on finding out the specific records that can be sealed as well as help with expunging a conviction in Alabama.

Factors Influencing Felony Expungement

When an individual is seeking felony expungement, they should be aware that there are many different factors that may have an affect on whether their felony expungement will be granted, which can include, but is not limited to:

• The age of the victim, specifically if they were a minor
• Whether the crime was sexual in nature
• How old the defendant was at the time
• The nature of the offense
• How much time has passed since the defendant was arrested or convicted
• If the defendant completed the requirements of their court-ordered sentence

Which Felonies Can Be Expunged?

In the State of Alabama, the following non-violent felony charges may be expunged:

• Those who were dismissed with or without prejudice
  • If the charge was dismissed without prejudice, there is a waiting period of five years before expungement can be sought
    • The defendant must not commit any more criminal offenses during this waiting period
  • If a charge was dismissed with prejudice and cannot be refiled, it can be expunged
• If they were no-billed by a grand jury
  • This means the grand jury did not indict the defendant
• If the defendant was found not guilty
• The defendant completed a diversion program
  • This may include mental health court, drug court, or another program

In general, a violent felony will not be eligible for expungement. There is one exception, when the defendant was found not guilty following a trial.

The Process of Expunging a Felony

There are some steps an individual must take if they want to have a felony expunged, including:

• Obtain a certified copy of their criminal record from the Alabama Law Enforcement Agency (ALEA)
• Complete a Petition for Expungement of Records
• Give a copy of this petition to:
  • The clerk of the proper court
  • The proper law enforcement agency
  • The district attorney’s office

It is very important to have assistance from an attorney during this process. They can help first determine if the individual’s felony criminal record is eligible for expungement.

If the lawyer determines the felony can be expunged, they will complete the necessary paperwork, submit it to the proper parties, and represent the defendant if they are required to appear before the court.

If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?

As discussed above, although an expungement does remove a felony from public records, it will not be entirely erased. Members of the criminal justice system may still be able to access the records, and they may have to be disclosed when seeking employment in certain professions.

Specifically, some agencies may still be able to access an expunged felony, such as when an individual is applying for:

• Financial services positions
• Positions working with children
• Government positions
• Healthcare positions
• Legal professions
• Law enforcement positions
• Education positions

For more information on when it may be necessary to disclose an expunged felony offense in Alabama, an individual should consult with an attorney.

Which Felonies Are Not Eligible for Expungement?

There are certain felony offenses that are not eligible for expungement in the State of Alabama, including:

• Violent felonies, including:
  • Murder
  • Manslaughter
  • Kidnapping
  • Assault with the intent to commit serious harm
  • Rape
  • Other serious sexual offenses
• Sex offenses
• Crimes of moral turpitude
  • These are offenses involving wickedness, depravity, or inherent baseness
• Serious traffic offenses

Do I Need an Attorney for Help With Felony Expungement?

If you have a felony on your criminal record in Alabama, you may be having issues attempting to obtain housing or employment. If you are interested in having your felony expunged from your record, it may be helpful to consult with an Alabama expungement lawyer.

Having a lawyer handle your expungement request will help ensure that you meet the eligibility requirements and give you a greater chance at a successful expungement. This process will make many aspects of your life much easier, thus greatly outweighing any costs associated with having legal assistance.

You can use the free and convenient lawyer matching services provided by LegalMatch in as little as 15 minutes to locate an attorney near you who can determine if your felony is eligible for expungement. After you have completed the submission, it will only take about 24 hours for you to receive responses from licensed and pre-screened member expungement attorneys near you who are ready to help you start the Alabama expungement process.