A charge from years ago that shows up on every background check you run can be a significant obstacle, and in Alabama, it doesn’t have to stay that way. State law lets people clear certain arrests, dismissals, and even a handful of old misdemeanor convictions from public view, so one rough year stops deciding whether you get hired, housed, or trusted today.
Not every charge qualifies, and the rules shifted hard in 2021 under the state’s REDEEMER Act. Whether your case ended in a dismissal, a not guilty verdict, or an actual conviction changes almost everything about your odds and your paperwork.
Five Things to Know About the REDEEMER Act
- Non-conviction records, meaning dismissals, acquittals, and no-bills, are still the easiest cases to expunge
- Since 2021, under the REDEEMER Act, misdemeanor convictions can qualify after a three-year wait — capped at two expungements total, shared with diversion-program dismissals
- DUI convictions and other serious traffic offenses stay on your record permanently, REDEEMER Act or not
- Filing costs $500 per arrest, and the district attorney gets 45 days to object
- A felony conviction needs a full pardon first, then a 180-day wait before you can even file
What Actually Happens When a Record Gets Expunged
Expungement in Alabama doesn’t just hide a file — it treats the case as though it never happened. Under Ala. Code § 15-27-6, the court and every agency holding the record, including the Alabama Law Enforcement Agency (ALEA), have to expunge it once a judge grants the order. A separate section, § 15-27-7, then requires ALEA to pull the record from national criminal history databases.
A landlord in Mobile or an employer in Birmingham running a routine check won’t see it. Law enforcement keeps limited access, but for practical purposes, the charge is gone.
Non-Conviction Records: The Strongest Case for Expungement
If your case never ended in a conviction, you’re standing on the firmest ground the statute offers. Several outcomes qualify under Ala. Code § 15-27-1, most after a 90-day wait including:
- Charges dismissed with prejudice
- Cases no-billed by a grand jury or resolved with a not guilty verdict
- Charges nolle prossed and never refiled
Other paths can qualify too: an indictment that’s quashed, a charge dismissed after you finish a diversion program like drug court or veterans court (one-year wait), or a charge dismissed without prejudice (also a one-year wait, if it hasn’t been refiled and you haven’t picked up new charges).
A felony charge that ended the same way qualifies under the parallel rule in Ala. Code § 15-27-2.
Can a Conviction Actually Be Expunged in Alabama?
Before July 2021, a conviction of any kind stayed on your record for good, full stop. The REDEEMER Act opened a narrow door for two categories, though the bar sits higher than it does for a dismissed case.
Misdemeanor Convictions
A nonviolent misdemeanor conviction becomes eligible three years after the conviction date, once every fine, court cost, and restitution payment is settled. Alabama caps this at two expungements total, and that cap is shared with anyone using a diversion-program dismissal (drug court, mental health court, veterans court) for a misdemeanor or a felony.
Felony Convictions
A felony conviction only reaches the courthouse door after the Alabama Bureau of Pardons and Paroles grants a full pardon restoring your civil and political rights, and then only 180 days after that certificate gets issued.
Violent felonies and sex offenses stay off the table for the standard pardon-based expungement route. There’s one narrow exception: a person who committed certain violent offenses while being a victim of human trafficking may still qualify, through a separate track that doesn’t require a pardon at all.
If either category might describe your case, a Foley expungement attorney should review your full record before you file, since one wrong box checked can get a petition denied outright.
The Charges Alabama Will Never Let You Erase
Here’s what a lot of people miss about the REDEEMER Act. Violent offenses, sex offenses, crimes involving moral turpitude, and what the code calls serious traffic offenses are locked out for the standard expungement routes, and no pardon or waiting period changes that
Alabama’s definition of a serious traffic offense includes DUI convictions. If a client assumes their five-year-old DUI became eligible the moment the new law passed, they are working from bad information; finding that out after paying to file the petition is an expensive lesson.
Filing in Baldwin County: The Real Cost and Timeline
Every expungement petition costs $500 per arrest under Ala. Code § 15-27-4, whether you’re clearing one charge or three counts from the same arrest, and that doesn’t include the $25 ALEA fee for your certified criminal history or your attorney’s fees. The $500 fee may be waived by submitting an Affidavit of Substantial Hardship along with the petition.
The Baldwin County Circuit Court generally closes uncontested cases within a few months. However, a district attorney objection adds a hearing and can stretch that time.
FAQs About Expungement in Alabama
Do I have to tell an employer about a charge that’s been expunged?
No, once a charge is expunged in Alabama, you can legally leave it off job and credit applications. Ala. Code § 15-27-6 treats the case as if it never happened. You’ll still need to disclose it to certain licensing boards and banks, so check with your attorney if one of those applies.
Can I expunge more than one charge?
You can, but the state limits you to two expungements total for misdemeanor convictions and diversion-program dismissals combined (misdemeanor or felony), plus a separate one-time allowance for a pardoned felony conviction. Non-conviction charges like dismissals and acquittals don’t count against that limit. Each separate arrest still needs its own $500 petition.
What happens if the district attorney objects to my petition?
The judge schedules a hearing where you have to prove you meet every eligibility requirement. The DA or the original victim can argue the record should stay public. Most petitions never reach this stage, since objections are the exception rather than the rule.
Does an Alabama expungement clear my federal or out-of-state record too?
No, a Baldwin County Circuit Court order only reaches the Alabama record. A federal charge or an arrest from another state needs its own separate process in that jurisdiction. Ask your attorney early if you have charges in more than one place.
Angela L Walker PC: Your Foley Expungement Law Firm
A criminal record from a decade ago shouldn’t decide what job you get this year, and in a lot of Alabama cases, it doesn’t have to.
Angela Walker has spent 31 years inside Baldwin County courtrooms, and she reads a case file for expungement eligibility fast, without guessing at the eligibility categories that trip up many petitioners. She pulls your ALEA history herself, tells you plainly whether the REDEEMER Act reaches your charge, and files the petition herself rather than handing it to a paralegal.
If your record has been holding you back, contact our firm today and find out where you stand.
