A felony has a big impact on a person’s life and if you live in Alabama, you’ve come here trying to find out how to get the felony off your record.  Realize that with all felony records, there are three options you can take.  1) Expunge Your Record 2) Seal Your Record 3) Request a Pardon of Your Record. The problem though is that all states don’t offer all three of these options. But before we get into what Alabama offers, let’s review what each of these options actually mean.

Expungement

If you get your record expunged in Alabama it’s as if your arrest and/or charges never happened. Your record is completely destroyed, including all physical and public records. When asked if have a criminal record, after expungement, you can truthfully answer “no”.

Record Sealing

Sealing your record in Alabama is similar to expungement, but your record still exists in a limited form. The public does not have access to your record, but there are some exceptions. Your records can still be accessed by law enforcement and the courts. Record sealing is not as secure as expungement, but it is a reasonable alternative that is comparatively easier to obtain if your state offers it.

Pardons

If you receive a pardon in Alabama, you still have record of your arrest or charge, but your guilt is exonerated. That is, you have proven that you are rehabilitated and forgiven for your crimes. You can also get relief in terms of having various rights restored, such as your right to vote. The requirements for pardons vary between states, but typically there is a lot of documentation required, and includes lengthy waiting periods to apply and receive a pardon.

Things to Know Before You Start

First: It’s important to understand that every state is different in terms of what methods are available for felons to remove their record and the information below will help you understand what you can do in Alabama.

Felony Expungement in Alabama

Yes, it is possible to expunge your felony in Alabama but it depends on the felony.

Sealing a Record in Alabama

Yes, it is possible to seal your record in Alabama but it depends on the felony.

Getting a Pardon in Alabama

 

Yes, it is possible to get a pardon of your record in Alabama but it depends on the felony.

Second: When trying to clear your record, you really have two options.  The first is to get a free consultation from a lawyer to see what they think of your case, and the second is to try to do all of the paperwork yourself.  

Third: We HIGHLY recommend that you get a free consultation from a lawyer prior to taking any action.  We say this because whether you want to expunge, seal, or pardon your record, it’s an extremely complicated process.  Failure to follow the process properly can end up with you being denied for the request and having to wait additional time (sometimes several years) before you can file again.  In addition, getting an expungement lawyer can increase your odds of succeeding and sometimes it’s more affordable than you think.  The first step is to click on the button below to confirm that you’re eligible for the expungement/sealing off your record.

Quick Navigation Can You Expunge a Felony in Alabama?How to Expunge a Felony in AlabamaCan You Seal Your Criminal Record in Alabama?How to Seal Your Criminal Record in AlabamaCan You Apply for a Pardon in Alabama?How to Apply for a Pardon in Alabama

Can You Expunge a Felony in Alabama?

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In Alabama only non-violent felonies are eligible to be expunged.

Specifically arrest records for criminal charges that were either: no billed by the Grand Jury, where you are found “Not Guilty” (a.k.a acquitted), or the charge was dismissed with or without prejudice. Additionally, misdemeanors, violations, traffic violations, or a municipal ordinance violation may be eligible to be expunged if certain other factors and criteria are met.

CANNOT EXPUNGE IF…

Violent felony offense

If your felony is a violent offense, then you are not eligible for expungement

How to Expunge a Felony in Alabama

1. Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to expunge your record.
2. If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.
3. If you are not eligible for expungement based on our test, then you should stop here.
4. If you are eligible based on our test and want to do this without a lawyer, continue reading.
5. File a Petition for Expungement. In Alabama, a Petition for Expungement shall include, among other information, the following:
6. File a Petition for Expungement. In Alabama, a Petition for Expungement shall include, among other information, the following:
   

   (1) a sworn statement made by you, seeking expungement, under the penalty of perjury stating that you have satisfied the requirements of the Alabama Expungement statute section of the Alabama Code.

   (2) The petition must state whether you have previously applied for an expungement in any jurisdiction.  Also, it should state whether an expungement has been previously granted to you.

   (3) The expungement petition filing shall include a certified record of arrest, disposition, or the case action summary from the correct agency for the particular court record the petitioner seeks to have expunged.

   (4) The filing shall also include a certified official criminal record that must be obtained from the Alabama Criminal Justice Information Center (ACJIC).

   • The expungement petition should state the grounds for the court to consider, and shall specify what criminal charges from the record are to be considered for expungement.

   (5) Also, the petition shall specify the agency or department that made the arrest and any agency or department where the petitioner was booked or was incarcerated or detained pursuant to the arrest or charge sought to be expunged.

    

   7. You may need to prepare for a scheduled hearing.

   The court will schedule a hearing if you or the District Attorney files a written objection to the Expungement Petition being granted within forty-five (45) days. Otherwise, if there is no objection filed, and the judge has enough information from your Petition to make a ruling, no hearing will be set.

   • The Court will take into account 10 things when considering your petition. They are listed here.

   Remember that no order expunging a record can be issued unless all court ordered monies have been paid, including restitution, fines, court costs, fees, or statutory fees.

Can You Seal Your Criminal Record in Alabama?

Sealing your record prevents the public from having access to your criminal record, but it still exists in a limited form. Your records can still be accessed by law enforcement and the courts. For example, if you seal your record, but have to go to court again for breaking the law, the court will be able to see your criminal history.

CANNOT SEAL IF…

 

Your record took place while you are an adult

Your criminal record took place while you have been an adult, over the age of 18.

You’ve been convicted

You have been convicted of a felony or misdemeanor involving sexual offenses, drugs, weapons, or violence, or threats of violence, and you have pending criminal proceedings.

How to Seal Your Criminal Record in Alabama

The process to seal your criminal record is essentially the same process to expunge your criminal record. When your record is sealed, it is still kept on file by the government, but no one can look at it. The difference is that if the state determines that it is a matter of public interest to unseal your records, they can be accessed if they are not expunged. Additionally, some agencies may be able to learn that you have a sealed record, even if they cannot access it, while if your record is expunged, there is no record to know about.

1. Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to seal your record.
2. If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.
3. If you are not eligible to seal your record based on our test, then you should stop here.
4. If you are eligible to seal your record based on our test and want to do this without a lawyer, continue reading.
5. Read and follow the steps in the following form http://www.alea.gov/Documents/Forms/Expungement-Kit.pdf
6. A petition has to be filed with the circuit court in the location the charge was filed.

   The petition has to include:

   A sworn statement that the person meets the expungement requirements;A case action summary or certified copy of arrest and disposition;A certified copy of the arrest record from the Alabama Criminal Justice Information Center;A description of the charges to be considered for removal and description of the agencies involved in the arrest and any incarceration; the filing fee is $300 plus any court costs; all court fees, restitutions, fines and fees have been paid.

   A copy of the petition submitted to the circuit court also has to be provided to the district attorney’s office, the law enforcement agency and the clerk of court.

   The DA’s office is expected to review the petition and make an effort to notify any victims in the case.

Can You Apply for a Pardon in Alabama?

Applying for a pardon in Alabama is entirely possible if you go through all of the required steps.  It isn’t always easy to get a pardon, but the application process can happen.

CANNOT PARDON IF…

You are not a resident of Alabama. The Board will consider pardon applications for Alabama, federal, or out-of-state convictions only if you are a resident of Alabama at the time the Board considers your application.

If you were convicted of a city ordinance. You should apply for a pardon from the mayor of that city rather than through the Board.

How to Apply for a Pardon in Alabama

1. Once a request is received, it will be assigned to a probation officer for the completion of an investigation.
2. The investigation will include current information on the your home situation, job status, and an updated criminal arrest record, written references and other information as warranted.
3. Once the investigation is complete, a hearing will be set before the Parole Board. Required notification will be sent to the victim, certain officials in the jurisdiction of the conviction, and you. Once all required parties are notified, a hearing will be held before the Parole Board and a decision will be made to grant or deny the pardon request.
4. Contact the local State Probation and Parole Office in the area where you live;  Contact the Board of Pardons and Parole by telephone at (334) 242-8700, and ask to speak with the Pardon Unit Staff; or Contact the Board of Pardons and Parole in writing at P.O. Box 302405, Montgomery, Alabama 36130-2405.
5. You start the process by calling or writing to the Board and providing them with the following information:

• The name under which you were convicted
• Your true name
• Your gender and race
• Your date of birth
• Your social security number
• Your AIS# (Alabama Prison #), if you have one
• Your current physical address, including the county
• Your current mailing address if different from your physical address
• An indication whether the conviction was a state or federal conviction
• Your home telephone number, including area code
• Your work or alternate telephone number, including area code
• A complete list of all of your convictions, including the county they were in and the year of each conviction

The above is just the information that the Board requires. If possible, you should also submit written references or letters from family, friends, church leaders, church members, teachers, employers and/or co-workers who know you and can say good things about you to support you. It is better to choose individuals who are not related to you, to avoid the appearance of bias.

If you do not remember all of your convictions, you should go to the nearest local police station, and they can show you how to obtain your criminal record for Alabama offenses. You can also contact the Alabama Department of Public Safety at (334) 517-2800 or check out their website to find out how to obtain your criminal record.

So, there you have it.  Three separate ways to get rid of your record in Alabama.  As we’ve said numerous times throughout this page, this is a really complicated process and we highly recommend that you take this eligibility test prior to taking any action to determine if you are eligible for any of these options.

Please note, the information contained here is not legal advice and is strictly informational.  If you have any further questions about the information above, or in general, you need to contact a lawyer directly.