Alabama Expungement: What Act 2021-432 Changed
Alabama expanded expungement eligibility in 2021 under the Redeemer Act. Misdemeanors, certain felonies with a pardon, and non-convictions may qualify.
Alabama did not have a comprehensive expungement law until 2014, and even then, the law was limited. In 2021, the state passed Act 2021-432 — often called the Redeemer Act — which expanded expungement eligibility significantly. It added misdemeanor conviction expungement, created a pathway for felony convictions when paired with a pardon, and broadened the categories of non-convictions that can be cleared.
Alabama's expungement law is still more limited than many states — particularly for felonies, where you need a pardon before you can even apply for expungement. But for people with misdemeanor convictions and non-conviction records, the 2021 law opened real doors.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
What Act 2021-432 changed
Before 2021, Alabama's expungement law was narrow. It primarily covered non-conviction records — charges that were dismissed, acquittals, and cases where the defendant was not prosecuted. Conviction expungement was either unavailable or extremely limited.
The 2021 Redeemer Act expanded the law in three important ways:
- Misdemeanor conviction expungement — for the first time, people with certain misdemeanor convictions can petition for expungement under § 15-27-1
- Felony conviction expungement with a pardon — people who have received a Certificate of Pardon with restoration of civil and political rights can petition for felony expungement under § 15-27-2, after a 180-day waiting period
- Broader non-conviction coverage — the law clarified and expanded the types of non-conviction records that can be expunged
Who qualifies — and who does not
May qualify
- Non-conviction records — charges dismissed, acquittals, nolle prosequi (immediate)
- Misdemeanor convictions — non-violent, non-sex offense, not involving moral turpitude
- Traffic violations and municipal ordinance violations (non-serious)
- Felony convictions — if you have a Certificate of Pardon with restoration of civil and political rights (180-day wait after pardon)
- Felony non-convictions — charges dismissed, acquittals (immediate)
- Cases resolved through diversion or deferred prosecution (with successful completion)
Generally does not qualify
- Violent offenses (as defined in Ala. Code § 12-25-32)
- Sex offenses (as defined in Ala. Code § 15-20A-5)
- Offenses involving moral turpitude (as defined in Ala. Code § 17-3-30.1)
- Serious traffic offenses under Article 9, Chapter 5A, Title 32
- Felony convictions without a pardon — you must get a pardon first
- Any offense where all sentence conditions have not been fully satisfied
The moral turpitude exclusion catches some people off guard. Alabama defines moral turpitude broadly — it includes offenses like theft, fraud, drug offenses, and others. If you are unsure whether your misdemeanor involves moral turpitude, consult the list in Ala. Code § 17-3-30.1 or talk to a lawyer.
The felony pathway — pardon first, then expungement
Alabama's approach to felony expungement is unique. Unlike most states that either allow or prohibit felony expungement outright, Alabama requires a two-step process: first, get a pardon; then, apply for expungement.
Step 1: Obtain a Certificate of Pardon. Apply to the Alabama Board of Pardons and Paroles. The Board reviews your application and decides whether to issue a Certificate of Pardon with restoration of civil and political rights. This process can take months to over a year. The pardon is not automatic — you must demonstrate rehabilitation.
Step 2: Wait 180 days. After receiving the pardon, you must wait 180 days before filing your expungement petition.
Step 3: File for expungement. After the 180-day waiting period, file your Petition to Expunge Records in the circuit court. The process from this point follows the standard expungement procedure.
This two-step requirement means felony expungement in Alabama takes significantly longer than in states with direct felony expungement. But the pathway exists, and for people willing to go through the process, the end result is real expungement.
Waiting periods
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Non-conviction (charges dismissed, acquitted, nolle prosequi)
Clock starts: Date of dismissal, acquittal, or nolle prosequi
No waiting period. Both misdemeanor and felony non-convictions are eligible.
Misdemeanor conviction (non-violent, non-sex, non-moral turpitude)
Clock starts: Date all conditions of sentence are satisfied
Must have completed all sentence conditions including probation, fines, and restitution.
Traffic violation or municipal ordinance violation
Clock starts: Date all conditions are satisfied
Serious traffic offenses under Article 9 of Chapter 5A of Title 32 are excluded.
Felony conviction (with pardon)
Clock starts: Date the Certificate of Pardon with restoration of civil and political rights is issued
Requires a pardon from the Board of Pardons and Paroles first. The pardon must restore civil and political rights. Then wait 180 days before filing for expungement.
Felony non-conviction (dismissed, acquitted)
Clock starts: Date of final disposition
Both violent and non-violent felony charges may be expunged if there was no conviction.
How to file for expungement in Alabama
The Alabama expungement process
- 1
Get your Alabama criminal history
1-2 weeks$25Request your criminal history from the Alabama Law Enforcement Agency (ALEA). This shows every Alabama arrest and conviction and is the official record you need to confirm your eligibility.
Contact ALEA at alea.gov or call (334) 242-4394. You will need fingerprints for a complete record check.
- 2
Determine your eligibility
1-2 hoursFreeAlabama has separate expungement pathways for misdemeanor convictions (§ 15-27-1), felony convictions with a pardon (§ 15-27-2), and non-convictions. Your pathway determines the process, the waiting period, and the cost. If you have a felony conviction, you need a pardon before you can pursue expungement.
If you have a felony conviction and no pardon, start by applying for a pardon through the Alabama Board of Pardons and Paroles at pardons.alabama.gov.
- 3
File a petition for expungement
1 day$300 filing fee (set by statute)File a Petition to Expunge Records with the circuit court in the county where the arrest or charge occurred. The petition must include your case number, the charge, the disposition, and the statutory basis for expungement. You must attach a certified copy of your criminal history from ALEA.
The $300 fee applies to most expungement petitions. Ask the clerk about fee waivers if cost is a hardship.
- 4
Serve the petition on the DA
45 daysService fees varyAfter filing, you must serve a copy of your petition on the District Attorney for the county where the case was handled. The DA has 45 days to respond. If the DA does not object and you meet the legal requirements, the court may grant the petition without a hearing.
- 5
Hearing (if required)
30-60 minutesFree (attorney fees vary if you hire one)If the DA objects or the court wants additional information, a hearing is scheduled. At the hearing, you can present evidence of your rehabilitation and explain why expungement is warranted. Having a lawyer at this stage can be particularly helpful.
Bring documentation of your life since the conviction: employment records, community involvement, letters of support, program completion certificates.
- 6
Court issues the expungement order
30-90 days for records to updateFreeIf the court grants your petition, it orders ALEA and all relevant agencies to expunge the record. ALEA updates the state criminal history database. You receive a copy of the order.
Keep certified copies of the order. Send copies to private background check companies that still show the record after 90 days.
The $300 filing fee
Alabama charges a $300 filing fee for expungement petitions. This is set by statute and applies to most categories. Fee waivers may be available for people who demonstrate financial hardship — ask the circuit court clerk when you file.
- Federal records are not affected — FBI databases are separate from Alabama state records
- Federal employment and security clearances may still require disclosure of expunged records
- Law enforcement retains access for law enforcement purposes
- Private background check companies may lag behind — send the court order directly
- Immigration consequences are not resolved by state expungement
- Professional licensing boards may have separate requirements — check with the specific board
Free legal help in Alabama
- Legal Services Alabama — free civil legal help statewide: legalservicesalabama.org or 1-866-456-4995
- Alabama State Bar Volunteer Lawyers Program: alabar.org/vlp
- Alabama Appleseed Center for Law and Justice: alabamaappleseed.org — policy and direct services
- Montgomery Volunteer Lawyers Program: montgomeryvlp.org — expungement clinics in Montgomery
- Alabama Board of Pardons and Paroles: pardons.alabama.gov — for felony pardon applications
- Alabama Law Enforcement Agency (ALEA): alea.gov — criminal history requests
- Alabama State Bar Lawyer Referral Service: alabar.org — reduced-fee consultations
Legal Services Alabama handles expungement cases for income-eligible residents. The Montgomery VLP holds regular expungement clinics. Contact both to see which can help you fastest.
Ready to file? We handle the paperwork.
Pre-filled court forms, step-by-step checklist, text reminders at every milestone. $149.