Read Ala. Code § 15-27-1 when the issue is petition to Expunge Records - Misdemeanor Offense, Violation, Traffic Violation, or Municipal Ordinance Violation. The statute says: “When the charge has been dismissed with prejudice and more than 90 days have passed.”
The petition and the sections next to it
On petition to Expunge Records - Felony Offense, the Alabama text is Ala. Code § 15-27-2. The statute says: “When the charge is dismissed with prejudice and more than 90 days have passed.”
On order of Expungement; Certification; Inspection of Expunged Records, the Alabama text is Ala. Code § 15-27-6. The statute says: “(a) Except as provided in Section 15-27-10, upon the granting of a petition pursuant to this chapter, the court, pursuant to Section 15-27-9, shall order the expungement of all records in the custody of the court and any records in the custody of any other agency or official…”
Read Ala. Code § 15-27-16 when the issue is disclosure of Information from Expunged File Without a Court Order; Liability. The statute says: “(a) Notwithstanding any other provision of this chapter, an individual who knows an expungement order was granted pursuant to this chapter and who intentionally and maliciously divulges, makes known, reveals, gives access to, makes public, uses, or otherwise discloses the…”
On release of Expunged Records for Use in Certain Civil Suits; Hearing, the Alabama text is Ala. Code § 15-27-20. The statute says: “Records that have been expunged pursuant to this chapter shall be released for use in a civil suit filed by a person for whom expungement was granted that is related to, or arising from, the arrest or conviction that was the subject of the expungement.”
Read Ala. Code § 15-27-21 when the issue is admissibility of Expungement Records in Criminal Trials. The statute says: “Prior to the introduction of an expungement by any party, the court shall conduct an in-camera hearing to determine its admissibility.”
What the courts have done
Ex Parte State of Alabama. (In Re State of Alabama v. Milton Blane)., 985 So. 2d 384 (2007) is worth reading in full. The court held the record outside the statute. The opinion puts it this way: “Code 1975, provides no authority to 'purge, modify or supplement' Blane's conviction, let alone to expunge it.2 Moreover, § 41-9-646, Ala.”
Terry Van Slaton v. State of Alabama, 2011 Ala. Civ. App. LEXIS 97 (2011) is worth reading in full. The opinion puts it this way: “On February 17, 2009, the State objected to Slaton’s motion on the ground that Alabama law did not authorize a circuit court to expunge a criminal record.”
Terry Antonio Jackson v. State of Alabama., 993 So. 2d 491 (2008) is worth reading in full. The opinion puts it this way: “The legislature knows how to draft a statute providing for the expungement of a criminal record. . . .”
Before you file
- Open Ala. Code § 15-27-1 and read the part on petition to Expunge Records - Misdemeanor Offense, Violation, Traffic Violation, or Municipal Ordinance Violation. Everything else in the filing has to fit that section.
- Use Ala. Code § 15-27-2 for the mechanics. It is petition to Expunge Records - Felony Offense, which is not the same question as whether the record qualifies.
- Then read Ex Parte State of Alabama. (In Re State of Alabama v. Milton Blane)., 985 So. 2d 384 (2007). That is a Alabama court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Alabama?
Ala. Code § 15-27-1 deals with petition to Expunge Records - Misdemeanor Offense, Violation, Traffic Violation, or Municipal Ordinance Violation. The statute says: “When the charge has been dismissed with prejudice and more than 90 days have passed.”
What does a Alabama petition have to contain?
Ala. Code § 15-27-2 deals with petition to Expunge Records - Felony Offense. The statute says: “When the charge is dismissed with prejudice and more than 90 days have passed.”
How have Alabama courts ruled on expungement?
Ex Parte State of Alabama. (In Re State of Alabama v. Milton Blane)., 985 So. 2d 384 (2007) The court held the record outside the statute. “Code 1975, provides no authority to 'purge, modify or supplement' Blane's conviction, let alone to expunge it.2 Moreover, § 41-9-646, Ala.”
Alabama clerks still control the form and the fee. Ala. Code § 15-27-1 is the statewide rule on who may ask and what the order does.