Expungement / Record Sealing Petition and Eligibility Memo — Alabama

Expungement / Record Sealing Petition and Eligibility Memo (ALABAMA)

Quick-Reference Summary

Part A — Eligibility Memo

TO: [Client Name]
FROM: [Attorney Name], [Firm]
RE: Eligibility for Expungement Under Alabama Law (Ala. Code §§ 15-27-1 to 15-27-6, REDEEMER Act as amended)
DATE: [__/__/____]

1. Executive Summary

Alabama's modern expungement framework, Ala. Code §§ 15-27-1 to 15-27-6, originated with Act 2014-292 (non-convictions only), was dramatically expanded by the REDEEMER Act in 2021 (Act 2021-286) to include certain misdemeanor convictions and pardoned felony convictions, and was further refined by Act 2024-407 (effective October 1, 2024). The framework remains narrower than many states — most felonies require a pardon as a prerequisite to expungement, and categorical exclusions for violent / sex / moral-turpitude offenses are strict — but the misdemeanor-conviction and human-trafficking-victim provisions provide meaningful relief. This memo identifies the statutory basis for [Client]'s petition, applicable waiting period, fee structure, and likely outcome.

2. Client Record Summary

3. Decision Tree

Step 1 — Was the disposition a NON-CONVICTION?
☐ Dismissed with prejudice / not guilty / no-billed / nolle prossed (90 days elapsed) → § 15-27-1(a)(1)-(4) eligible
☐ Dismissed after diversion / drug court / MH court / veteran's court (1 year elapsed) → § 15-27-1(a)(6) eligible
☐ Dismissed without prejudice (1 year elapsed; not refiled; no felony/misdemeanor in prior 2 years) → § 15-27-1(a)(7) eligible
☐ Quashed (SOL expired or DA confirms no refile) → § 15-27-1(a)(5) eligible

Step 2 — Is this a MISDEMEANOR CONVICTION?
☐ 3 years have passed from conviction date
☐ ALL fines, costs, and restitution have been paid (attach proof)
☐ All probation/parole completed
☐ NOT a violent offense (§ 12-25-32(15))
☐ NOT a sex offense (§ 15-20A-5)
☐ NOT an offense involving moral turpitude (§ 17-3-30.1) — narrow exception for offenses reclassified from felony under Act 2015-185 if 15 years clean
☐ NOT a serious traffic offense (Title 32 ch. 5A art. 9)
☐ NOT a 49 C.F.R. § 383.51 offense committed while operating a CMV or holding a CDL/CLP
☐ If all boxes checked → § 15-27-1(b) eligible

Step 3 — Is this a FELONY CONVICTION?
☐ Petitioner has received a pardon from the Alabama Board of Pardons and Paroles
☐ Statutory waiting period satisfied (verify current statute; typically 180 days post-pardon)
☐ Offense is NOT a violent offense, sex offense, or moral-turpitude offense (except as expressly permitted)
☐ All conditions of pardon completed
☐ If all boxes checked → § 15-27-2 eligible (post-REDEEMER Act)

Step 4 — Human-Trafficking Victim?
☐ Petitioner was a victim of human trafficking (preponderance standard)
☐ The offense was committed during the period of trafficking
☐ The offense would not have been committed but for the trafficking
☐ If proven → § 15-27-1(a)(8) or § 15-27-2 expungement available even for some otherwise-excluded violent offenses (see In re State v. C.M. (Ala. Crim. App. 2024) for narrow violent-felony scope)

4. Categorical Exclusions — Critical Confirmation

Before paying the $500 filing fee (which is nonrefundable absent statutory exemption), confirm:

☐ Offense is NOT enumerated as a "violent offense" under § 12-25-32(15) (which includes murder, kidnapping, assault 1, rape, sodomy, robbery, burglary 1, arson 1, manslaughter, criminally negligent homicide, etc.)
☐ Offense is NOT a sex offense under § 15-20A-5 (which lists all registrable sex offenses)
☐ Offense is NOT an offense involving moral turpitude under § 17-3-30.1 (47 enumerated offenses including murder, manslaughter, robbery, theft over $1,500, trafficking, etc.)
☐ Offense is NOT a serious traffic offense (Title 32, ch. 5A, art. 9 — vehicular homicide, DUI causing death, etc.)
☐ If commercial-vehicle-related: petitioner was NOT operating a CMV or holding a CDL/CLP at time

If any exclusion applies AND the human-trafficking exception does NOT apply, the petition will be denied notwithstanding any fee paid.

5. Required Attachments to Petition (§ 15-27-3)

The petition MUST include:

• Certified record from the court of disposition (case action summary, sentencing order, dismissal order, etc.)
• Sworn statement by petitioner setting forth the facts and grounds for expungement
• Certified criminal history report from Alabama Law Enforcement Agency (ALEA) Criminal Justice Information Center (CJIC)
• Proof of payment of all fines, costs, restitution, and other court-ordered amounts (for conviction petitions)
• Proof of successful completion of any diversion / drug court / mental health court / veteran's court program (where applicable)
• Pardon order from the Alabama Board of Pardons and Paroles (for felony conviction petitions)
• $500 filing fee or substantial-hardship affidavit for fee waiver (non-conviction only)
• Service copies for: District Attorney, Attorney General, arresting agency, ALEA CJIC, any victim entitled to notice under the Alabama Crime Victims Bill of Rights

6. Practical Considerations

• Federal firearms: Alabama expungement does NOT automatically restore federal firearms rights under 18 U.S.C. § 922(g). For state firearms restoration following an Alabama conviction, see Ala. Code § 13A-11-72(g) and pardon/CERV procedures.
• State firearms: Effective October 1, 2025 (Act 2025-XX/SB119), Alabama expanded firearms-possession restrictions to any felony in past 5 years OR three or more felonies of any kind. Expungement may restore state firearms rights; verify against current § 13A-11-72.
• Immigration: Expungement does NOT eliminate federal immigration consequences. The conviction remains a "conviction" under 8 U.S.C. § 1101(a)(48).
• Background checks: Private CRAs may continue reporting expunged offenses until databases refresh. FCRA dispute letters under 15 U.S.C. § 1681i(a) are routine post-expungement.
• Disclosure: After expungement, petitioner may lawfully respond "no" to most private employer / housing / licensing inquiries about the expunged offense. Exception: certain regulatory boards (medical, legal, law enforcement) retain access.
• Subsequent unsealing: An expunged record may still be used to enhance punishment in future criminal cases (§ 15-27-6).
• Voting rights: Restoration of voting rights for moral-turpitude felonies follows the CERV process under § 15-22-36.1; expungement is independent of CERV.

7. Recommended Path

Based on the foregoing: ☐ § 15-27-1 non-conviction petition (90-day or 1-year track) — ☐ § 15-27-1(b) misdemeanor conviction petition (3-year track) — ☐ § 15-27-2 felony non-conviction petition — ☐ § 15-27-2 felony conviction petition AFTER obtaining pardon — ☐ § 15-27-1(a)(8) / § 15-27-2 human-trafficking-victim petition — ☐ Pursue pardon from Board of Pardons and Paroles first; revisit expungement after pardon — ☐ Not eligible; categorical exclusion applies.

Part B — Petition Template

IN THE CIRCUIT COURT OF [_____________] COUNTY, ALABAMA
CRIMINAL DIVISION

Case No.: [____________]

Petitioner: [CLIENT NAME]
Attorney for Petitioner: [ATTORNEY NAME], AL Bar No. [______]
[Firm Name, Address, Telephone, Email]

PETITION FOR EXPUNGEMENT OF RECORDS PURSUANT TO ALA. CODE §§ 15-27-1 / 15-27-2

Petitioner [CLIENT NAME], by and through undersigned counsel, respectfully petitions this Honorable Court for an order expunging the records of the above-captioned matter pursuant to Ala. Code § 15-27-[1 / 2] et seq., and in support states:

I. Petitioner Information

1. Full legal name (and any aliases): [____________]
2. Date of birth: [__/__/____]
3. SSN (last four digits): [____________]
4. Current address: [____________]
5. Driver's license number / state ID: [____________]

II. Case Information

6. Case number: [____________]
7. Date of arrest: [__/__/____]
8. Arresting agency: [____________]
9. Charge(s): [____________], in violation of Ala. Code § [__________], a [classification]
10. Date of disposition: [__/__/____]
11. Disposition: [dismissed with prejudice / not guilty / no-billed / nolle prossed / dismissed after diversion / quashed / misdemeanor conviction / felony conviction with pardon]
12. Sentence imposed (if any): [____________]
13. Date of completion of sentence, probation, and payment of all LFOs: [__/__/____]

III. Statutory Basis for Expungement

14. Petitioner seeks expungement under:

☐ Ala. Code § 15-27-1(a)(1) — dismissed with prejudice + 90 days
☐ Ala. Code § 15-27-1(a)(2) — no-billed + 90 days
☐ Ala. Code § 15-27-1(a)(3) — not guilty + 90 days
☐ Ala. Code § 15-27-1(a)(4) — nolle prossed without conditions + 90 days, not refiled
☐ Ala. Code § 15-27-1(a)(5) — quashed, SOL expired or no refile
☐ Ala. Code § 15-27-1(a)(6) — dismissed after successful diversion / drug court / MH court / veteran's court (1 year post-completion)
☐ Ala. Code § 15-27-1(a)(7) — dismissed without prejudice (1 year, no felony/misd. in prior 2 years)
☐ Ala. Code § 15-27-1(a)(8) — human-trafficking victim
☐ Ala. Code § 15-27-1(b) — misdemeanor conviction (3 years, all LFOs paid, no exclusion)
☐ Ala. Code § 15-27-2 — felony charge (non-conviction or pardoned conviction)

IV. Waiting Period and Conditions Satisfied

15. The applicable waiting period of [90 days / 1 year / 2 years / 3 years] has fully elapsed.
16. All fines, court costs, restitution, and other court-ordered amounts have been paid (proof attached as Exhibit A).
17. All terms of probation, parole, and supervision have been completed (proof attached as Exhibit B).
18. Petitioner has no pending criminal charges in any jurisdiction.
19. For non-conviction petitions under § 15-27-1(a)(7): Petitioner has not been convicted of any felony, misdemeanor, violation, or non-minor traffic violation during the two-year period immediately preceding this petition.

V. Offense Is Not Excluded

20. The offense of conviction (if any) is NOT:

(a) A violent offense as defined in Ala. Code § 12-25-32(15);
(b) A sex offense as defined in Ala. Code § 15-20A-5;
(c) An offense involving moral turpitude as listed in Ala. Code § 17-3-30.1 (or, if it is, the offense was reclassified from felony to misdemeanor pursuant to Act 2015-185 and 15 years have passed without arrest);
(d) A serious traffic offense under Title 32, Chapter 5A, Article 9;
(e) An offense enumerated in 49 C.F.R. § 383.51 committed while Petitioner was operating a commercial motor vehicle or holding a CDL/CLP.

VI. Felony Pardon (where applicable)

21. [If § 15-27-2 felony conviction petition:] Petitioner has received a pardon from the Alabama Board of Pardons and Paroles dated [__/__/____], a certified copy of which is attached as Exhibit C. Petitioner has completed all conditions of the pardon and the statutory post-pardon waiting period.

VII. Human-Trafficking Provision (where applicable)

22. [If § 15-27-1(a)(8) or § 15-27-2 human-trafficking petition:] Petitioner is a victim of human trafficking. Petitioner committed the offense during the period in which she was being trafficked, and would not have committed the offense but for being trafficked. Evidence in support, including [law-enforcement reports, victim certifications under TVPA, criminal record of trafficker(s), etc.], is attached as Exhibit D.

VIII. Filing Fee

23. The $500 filing fee under Ala. Code § 15-27-4 is tendered herewith [OR Petitioner files an Affidavit of Substantial Hardship for fee waiver under § 15-27-4 (non-conviction petitions only)].

IX. Notice to Affected Parties

24. Copies of this Petition are being served contemporaneously upon:

☐ District Attorney for [_____________] County
☐ Alabama Attorney General
☐ Alabama Law Enforcement Agency (ALEA), Criminal Justice Information Center
☐ [Arresting law enforcement agency]
☐ Any victim entitled to notice under the Alabama Crime Victims Bill of Rights (§ 15-23-60 et seq.)
☐ [Other custodian: ____________]

X. Prayer for Relief

WHEREFORE, Petitioner respectfully prays that this Honorable Court:

A. Set this matter for hearing (if objection is timely filed);
B. Enter an Order expunging the records of the above-captioned matter pursuant to Ala. Code § 15-27-[1 / 2];
C. Direct each custodian of records — including ALEA CJIC, the arresting agency, the Clerk of Court, the District Attorney's Office, and any detention facility — to remove the records from public access and respond to all non-criminal-justice inquiries that no such record exists;
D. Grant such further relief as the Court deems just and proper.

Respectfully submitted this [___] day of [__________], 20[__].

[ATTORNEY NAME], AL Bar No. [______]
[Firm Name]
[Address]
[Telephone] | [Email]
Attorney for Petitioner

VERIFICATION

STATE OF ALABAMA
COUNTY OF [_____________]

Before me, the undersigned authority, personally appeared [CLIENT NAME], who being duly sworn, deposes and states that he/she is the Petitioner herein, has read the foregoing Petition, and that the factual statements therein are true and correct to the best of his/her knowledge.

_______________________________
[CLIENT NAME]

Sworn to and subscribed before me this [___] day of [__________], 20[__].

_______________________________
Notary Public
My commission expires: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Petition was served upon each of the following by [certified mail, return receipt requested / Alafile e-service]:

• Office of the District Attorney, [_____________] County
• Office of the Attorney General, 501 Washington Ave., Montgomery, AL 36104
• Alabama Law Enforcement Agency, Criminal Justice Information Center, P.O. Box 1511, Montgomery, AL 36102-1511
• [Arresting Agency]
• [Victim, if entitled to notice]
• [Other custodians as listed]

_______________________________
[ATTORNEY NAME]

Part C — Filing Checklist

Pre-Filing

☐ Obtain certified case action summary from Clerk of Court (each case being petitioned)
☐ Obtain certified ALEA criminal history (CJIC; submit fingerprint card + fee)
☐ Confirm offense classification, statute, and disposition
☐ Confirm waiting period (90 days / 1 year / 2 years / 3 years) has fully elapsed
☐ Confirm ALL fines, costs, restitution, and court-ordered amounts paid; obtain certified payment record
☐ For diversion-dismissal: obtain certified completion certificate
☐ For felony conviction: confirm pardon received from Alabama Board of Pardons and Paroles; obtain certified pardon order
☐ Confirm offense is NOT a violent / sex / moral-turpitude / serious-traffic / CMV offense
☐ Confirm no pending charges in any jurisdiction
☐ Confirm no prior expungement under same provision (most categories permit one expungement per offense type)
☐ Determine whether human-trafficking exception applies; gather supporting evidence

Drafting

☐ Use AOC form CR-65 as primary petition; supplement with attorney-drafted material where needed
☐ Check correct subsection of § 15-27-1 or § 15-27-2
☐ Attach certified case action summary (Exhibit A)
☐ Attach certified ALEA criminal history (Exhibit B)
☐ Attach proof of LFO payment (Exhibit C)
☐ Attach pardon order (Exhibit D, for felony convictions)
☐ Attach diversion-completion certificate (Exhibit E, if applicable)
☐ Attach human-trafficking-victim evidence (Exhibit F, if applicable)
☐ Prepare proposed Order of Expungement
☐ Prepare Affidavit of Substantial Hardship (for fee waiver, non-conviction only)

Filing

☐ E-file via Alafile in Circuit Court — Criminal Division — of county of disposition
☐ Pay $500 filing fee per petition (separate fee per case number) OR file fee-waiver affidavit
☐ Serve DA, AG, ALEA CJIC, arresting agency, and any victim entitled to VRA notice
☐ File Certificate of Service
☐ Calendar 30-day objection window (DA / AG / victim)

Hearing

☐ If no objection filed: court may rule on pleadings; monitor for order
☐ If objection filed: prepare for hearing
☐ Bring originals of all exhibits
☐ Be prepared to address all statutory factors
☐ For human-trafficking petitions: be prepared with witness testimony, expert reports (where helpful), and certified records of trafficker's conviction (if any)

Post-Order

☐ Obtain certified copies of Order of Expungement (request at least 5)
☐ Serve certified copy on ALEA CJIC (mandatory for state-level seal)
☐ Serve certified copy on arresting agency, clerk of court, detention facility, and DA
☐ Confirm ALEA processing within 60-90 days
☐ Send FCRA dispute letters to private CRAs continuing to report the expunged offense
☐ Provide certified copy to any pending employer / housing / licensing applications
☐ Advise client of: (i) right to deny existence of expunged offense to most private inquirers, (ii) continuing federal firearms disability under 18 U.S.C. § 922(g), (iii) immigration consequences not eliminated, (iv) NCIC/FBI retention separate from ALEA, (v) expunged record may still be used for sentencing enhancement (§ 15-27-6)
☐ If denied: evaluate certiorari review under § 15-27-5(c) (NOT mandamus)

Sources and References

• Ala. Code §§ 15-27-1 through 15-27-6 (Expungement statute): https://alison.legislature.state.al.us/code-of-alabama
• Act 2014-292 (original Alabama expungement law): https://alison.legislature.state.al.us
• Act 2021-286 (REDEEMER Act — effective July 1, 2021): https://alison.legislature.state.al.us
• Act 2021-482 (companion to REDEEMER Act): https://alison.legislature.state.al.us
• Act 2024-407 (further amendments — effective October 1, 2024): https://alison.legislature.state.al.us
• Ala. Code § 12-25-32(15) (definition of violent offense): https://alison.legislature.state.al.us/code-of-alabama?section=12-25-32
• Ala. Code § 15-20A-5 (sex-offense definitions): https://alison.legislature.state.al.us/code-of-alabama?section=15-20A-5
• Ala. Code § 17-3-30.1 (moral-turpitude offense list): https://alison.legislature.state.al.us/code-of-alabama?section=17-3-30.1
• AOC Form CR-65 (Petition for Expungement of Records): https://judicial.alabama.gov/library/forms
• Alabama Law Enforcement Agency — Criminal Justice Information Center (criminal history requests): https://www.alea.gov/dps/criminal-records
• Alabama Board of Pardons and Paroles (for felony pardon prerequisite to § 15-27-2 expungement): https://paroles.alabama.gov/
• In re State v. C.M., CR-2023-0434 (Ala. Crim. App. Aug. 23, 2024) (human-trafficking-victim provision and certiorari standard): https://caselaw.findlaw.com/court/al-court-of-criminal-appeals/116511021.html
• Collateral Consequences Resource Center — Alabama Restoration Profile: https://ccresourcecenter.org/state-restoration-profiles/alabama-restoration-rights-expungement-sealing/