IN THE CIRCUIT COURT OF [COUNTY_NAME] COUNTY, ALABAMA
STATE OF ALABAMA
CRIMINAL DIVISION
In re: Petition of
[PETITIONER FULL LEGAL NAME],
Petitioner.
Case No.: [CASE_NUMBER]
VERIFIED PETITION FOR EXPUNGEMENT OF CRIMINAL RECORD
(§§ 15-27-1 et seq., Code of Alabama 1975)
[// GUIDANCE: Confirm the correct division—some counties maintain separate criminal/civil divisions. Verify caption formatting with local clerk before filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Jurisdiction & Venue
3.2 Parties
3.3 Factual Background of Arrest/Charge
3.4 Statutory Eligibility & Waiting Period Compliance
3.5 Supporting Exhibits
3.6 Relief Requested - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies (Reserved)
- Risk Allocation (Reserved)
- Dispute Resolution & Continuing Jurisdiction
- General Provisions
- Execution Block
- Verification
- Certificate of Service
- Proposed Order (Attachment)
1. DOCUMENT HEADER
1.1 Effective Filing Date: ___, 20_
1.2 Governing Law: §§ 15-27-1 et seq., Code of Alabama 1975 (“Alabama Expungement Statute”)
1.3 Forum: Circuit Court of [COUNTY_NAME] County, Alabama (hereafter, the “Court”)
1.4 Requested Injunctive Relief: Sealing and removal from public access all covered records held by entities enumerated in § 15-27-6, Code of Ala. 1975.
2. DEFINITIONS
For purposes of this Petition, the following capitalized terms have the meanings set forth below:
“Arrest Record” – The booking, charging, and custodial records generated by [LAW ENFORCEMENT AGENCY] on [ARREST_DATE] under charge number [AGENCY_CHARGE_NO.].
“Eligible Charge” – A criminal charge that qualifies for expungement under §§ 15-27-2 or 15-27-5, Code of Ala. 1975.
“Expungement” – The judicial order and subsequent administrative action that removes the Arrest Record and all associated court and agency records from public access as provided in § 15-27-6.
“Petitioner” – [PETITIONER FULL LEGAL NAME], Alabama Driver License/State ID No. [ID_NO.], whose address is [PETITIONER_ADDRESS].
[// GUIDANCE: Expand or modify definitions if multiple arrests/charges are sought to be expunged.]
3. OPERATIVE PROVISIONS
3.1 Jurisdiction & Venue
3.1.1 The Court has jurisdiction pursuant to § 15-27-1(a), Code of Ala. 1975, because the subject arrest occurred in [COUNTY_NAME] County.
3.1.2 Venue is proper in this Circuit Court under Alabama Rule of Criminal Procedure 30.5 and the Alabama Expungement Statute.
3.2 Parties
3.2.1 Petitioner: See Definition above.
3.2.2 Respondent Agencies (for service only):
a. [DISTRICT_ATTORNEY_NAME], District Attorney for the [JUDICIAL_CIRCUIT] Judicial Circuit;
b. [LAW ENFORCEMENT AGENCY];
c. Alabama Law Enforcement Agency (“ALEA”);
d. [ANY OTHER AGENCY HOLDING RECORDS].
3.3 Factual Background of Arrest/Charge
3.3.1 On [ARREST_DATE], Petitioner was arrested by [LAW ENFORCEMENT AGENCY] and charged with [OFFENSE DESCRIPTION] in Case No. [COURT_CASE_NO.].
3.3.2 Disposition: [SELECT ONE]
• Charge dismissed with prejudice on [DATE]; or
• Charge dismissed without prejudice on [DATE] and was not re-filed; or
• Petitioner acquitted on [DATE]; or
• Petitioner successfully completed [DIVERSION PROGRAM] on [DATE] and the charge was dismissed; or
• Petitioner convicted of [MISDEMEANOR/CLASS D FELONY], fully satisfied sentence and all financial obligations on [DATE].
3.3.3 No other criminal charges are currently pending against Petitioner in any jurisdiction.
3.4 Statutory Eligibility & Waiting Period Compliance
3.4.1 Petitioner is an “eligible person” within the meaning of § 15-27-1(5).
3.4.2 Applicable waiting period under § 15-27-2 (for non-conviction dispositions) or § 15-27-5 (for eligible convictions) has elapsed:
a. [INSERT MONTHS/YEARS] have passed since final disposition;
b. All court-ordered fines, fees, and restitution have been paid in full.
3.4.3 Petitioner has not previously obtained an expungement for the same offense pursuant to § 15-27-14.
3.4.4 Required filing fee of $300.00 plus docketing fees has been tendered contemporaneously with this Petition.
3.4.5 Mandatory service on the District Attorney and all relevant agencies is being effected in accordance with § 15-27-7 and Alabama Rule of Civil Procedure 5.
3.5 Supporting Exhibits
• Exhibit A – Certified case action summary / final disposition.
• Exhibit B – Fingerprint card (ALEA Form # __ ).
• Exhibit C – Affidavit of no pending charges.
• Exhibit D – Proof of payment of all court-ordered financial obligations.
[// GUIDANCE: Include any additional documents demanded by local practice directive or judge-specific standing order.]
3.6 Relief Requested
Petitioner respectfully requests that the Court enter an Order that:
a. Grants this Petition and directs expungement of the Arrest Record and all related court, jail, and investigative records in accordance with § 15-27-6;
b. Orders each Respondent Agency to seal, remove from public access, and, where applicable, destroy paper and electronic records referencing the Eligible Charge;
c. Prohibits disclosure of the expunged matter except as expressly permitted by § 15-27-6(c);
d. Orders ALEA to issue written confirmation of compliance within 180 days; and
e. Grants such further relief as justice requires.
4. REPRESENTATIONS & WARRANTIES
4.1 Petitioner represents, warrants, and declares under penalty of perjury that:
a. All factual statements herein are true and correct to the best of Petitioner’s knowledge;
b. Petitioner meets every statutory criterion for expungement;
c. There are no outstanding warrants or pending criminal prosecutions against Petitioner;
d. No prior petition for expungement of the same charge has been denied within the previous twelve (12) months.
4.2 These representations are intended to survive the entry of an expungement order.
5. COVENANTS & RESTRICTIONS
5.1 Petitioner covenants to immediately notify the Court and the District Attorney if any information contained herein becomes inaccurate prior to final disposition of this Petition.
5.2 Petitioner agrees to pay any statutorily required additional fees that the Court may assess as a condition of relief.
6. DEFAULT & REMEDIES (Reserved)
[// GUIDANCE: Traditional “default” concepts are inapposite in a petition; section reserved to preserve numbering consistency with requested architecture.]
7. RISK ALLOCATION (Reserved)
[// GUIDANCE: Indemnification and liability caps are not applicable to this litigation pleading.]
8. DISPUTE RESOLUTION & CONTINUING JURISDICTION
8.1 Governing Law: This matter is governed exclusively by the law of the State of Alabama.
8.2 Continuing Jurisdiction: The Court retains jurisdiction to enforce its expungement order and to adjudicate any motion for limited access under § 15-27-6(c).
9. GENERAL PROVISIONS
9.1 Headings are for convenience only and do not affect interpretation.
9.2 Severability: Should any portion of this Petition be deemed defective, the remaining portions shall remain fully effective.
9.3 Integration: This Petition, together with attached exhibits, constitutes the entire submission of Petitioner with respect to the relief sought.
10. EXECUTION BLOCK
Respectfully submitted this _ day of __, 20___.
[PETITIONER FULL LEGAL NAME]
Petitioner, Pro Se or By Counsel
If by Counsel:
[ATTORNEY NAME], Esq. (ASB–______)
[LAW FIRM NAME]
[ADDRESS] | Tel: [PHONE] | Email: [EMAIL]
Counsel for Petitioner
11. VERIFICATION
STATE OF ALABAMA )
COUNTY OF _ )
Before me, the undersigned authority, personally appeared [PETITIONER NAME], who, being duly sworn, deposes and says that the foregoing statements and factual allegations are true and correct to the best of his/her knowledge, information, and belief.
[PETITIONER NAME], Affiant
Subscribed and sworn to before me on this ___ day of _, 20.
NOTARY PUBLIC
My Commission Expires: _______
12. CERTIFICATE OF SERVICE
I hereby certify that on this ___ day of _, 20, I served a true and correct copy of the foregoing Petition and all attachments upon:
• [DISTRICT_ATTORNEY_NAME], District Attorney, [ADDRESS]
• [LAW ENFORCEMENT AGENCY CUSTODIAN], [ADDRESS]
• Alabama Law Enforcement Agency, Criminal Records & Identification Unit, [ADDRESS]
• [ANY ADDITIONAL AGENCY]
by [U.S. Mail / hand delivery / electronic filing system] in compliance with § 15-27-7 and Alabama Rule of Civil Procedure 5.
[NAME OF SERVER]
13. PROPOSED ORDER
(Submitted contemporaneously pursuant to local practice.)
[// GUIDANCE: Draft a one-page Proposed Order that tracks statutory language and lists each agency to receive notice. Provide a separate captioned document if preferred by local rule.]
END OF PETITION