Alabama's record-clearing rules have changed over time. The 2021 update is the one most people still ask about because it opened more than one path for clearing certain records.
The state still treats felony matters differently from many other record types, so the exact route depends on the case history. For the right case, the update created a real filing option instead of a dead end.
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 the 2021 update, the available relief was narrower. Most people were looking at non-conviction records, while conviction-based relief was much harder to reach.
The update mattered in three broad ways:
- Misdemeanor conviction path — some misdemeanor cases now have a filing route that did not exist before the update
- Felony path after pardon review — some felony matters can move forward only after the pardon issue is resolved
- Non-conviction coverage — the rules for dismissed or otherwise non-conviction records are broader than they used to be
- Alabama Legislature or current code text for the exact filing language
- Alabama Board of Pardons and Paroles for pardon-related questions
- Alabama Law Enforcement Agency for criminal history records
- Circuit court clerk for the packet, filing, and service details in your county
If your record is unusual, use the current source text rather than a summary before you file.
Who qualifies — and who does not
- Some non-conviction matters
- Some misdemeanor convictions
- Some traffic or ordinance matters
- Some felony matters after pardon review
- Some dismissed or otherwise closed cases
- Cases that fit the current filing rules for that record type
- Records that do not match a current filing route
- Matters with unresolved sentence obligations
- Cases that need a different remedy first
- Records the court or agency says are outside the available path
- Any matter where the disposition is still unclear
- Cases that need a lawyer or clerk review before filing
Eligibility turns on the exact record type, the disposition, and the current filing rules. If the case is unusual, verify it before you spend money on the filing packet.
The felony pathway — pardon first, then expungement
Alabama's felony track is different from the misdemeanor and non-conviction tracks. In many cases, pardon review comes before any expungement filing.
Step 1: Check the pardon track. Start with the Alabama Board of Pardons and Paroles if your record is in the felony category.
Step 2: Confirm any additional timing rule. If a delay applies, confirm it with the current source before you file.
Step 3: File only when the record matches the path. The filing packet and court process depend on the case history.
This is the part of the guide where people most often need to pause and verify the source text. The broad outline is simple; the details are not.
Waiting periods
The clock starts on the date shown below — not your arrest date.
Non-conviction expungement
Clock starts: Filing
Confirm the case disposition before you file, because Alabama routes non-conviction and conviction records differently.
Misdemeanor conviction
Clock starts: Completion
The record still has to match the current conviction-expungement path before the clock matters.
Traffic or ordinance matter
Clock starts: After the case is closed
Some traffic or ordinance cases follow a different route from ordinary criminal matters.
Non-violent felony
Clock starts: Completion
If a pardon issue exists, verify the current filing route before treating the record as eligible.
Felony non-conviction matters
Clock starts: After final disposition
If there was no conviction, the record may fit a different route from a conviction case.
How to file for expungement in Alabama
The Alabama expungement process
Get your Alabama criminal history
Varies • VariesDetermine your eligibility
Varies • FreeFile a petition for expungement
Varies • Court fee may applyServe the petition on the DA
Review window varies • Service costs varyHearing (if required)
If scheduled • Attorney fees varyCourt issues the expungement order
Processing time varies • No separate court chargeFiling costs
Filing costs can change by court and by case type. Ask the clerk about the amount, payment method, and whether a waiver or reduced-fee process is available.
- 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
Not legal advice. This guide explains how the law generally works. Your situation may be different. A lawyer who specializes in expungement can tell you how the law applies to your specific case.
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, and process guidance — so you know exactly what to do next.