Expungements

Expungement FAQs

How long do I have to wait to file for expungement?

The waiting period depends on how the case ended. Many acquittals, no-bills, dismissals with prejudice, and unconditional nolle prosequi dispositions require a wait of more than 90 days. Diversion dismissals generally require one year after successful completion. A dismissal without prejudice generally requires more than one year for a misdemeanor or more than five years for a felony. An eligible misdemeanor conviction generally requires three years from the conviction date.

Can an arrest be expunged if no formal charges were filed?

Possibly. The record must be reviewed to determine whether there was a filed charge, a no-bill, a dismissal, or another document establishing a qualifying disposition. An arrest alone does not automatically disappear merely because prosecution did not move forward.

Can a dismissed violent felony charge be expunged?

Potentially, yes. Alabama’s non-conviction statute applies to any felony charge that ended through a qualifying disposition. The restrictions on violent offenses primarily affect convictions, not every dismissed accusation.

Can a misdemeanor conviction be expunged?

Some can. At least three years must generally have passed, all sentence requirements must be completed, and the conviction cannot fall within Alabama’s excluded categories.

Can a felony conviction be expunged after a pardon?

Potentially. A qualifying pardon with restoration of civil and political rights is generally required, at least 180 days must pass, and the conviction cannot be within one of the prohibited categories. A pardon alone does not clear the record.

Can a DUI conviction be expunged?

Generally, no. A DUI conviction is treated as a serious traffic offense. A DUI charge that was dismissed, no-billed, resolved by acquittal, or otherwise ended without a conviction may qualify.

Can more than one case be expunged?

Yes, but statutory limits apply. Many cases ending in acquittal, no-bill, or qualifying dismissal can be expunged without a numerical limit. Expungements involving diversion dismissals and eligible misdemeanor convictions are generally limited to two. A pardoned felony conviction is generally limited to one expungement. Charges arising from the same arrest or incident count as one expungement for these limits.

Will an expungement remove my record from background checks?

Government records covered by the order should no longer appear in ordinary public searches. Private companies may continue displaying old information until their databases are updated. A certified copy of the order may be needed to dispute an outdated private background report.

Clear Your Criminal Record Today

If you would like your criminal record to be expunged, please contact an expungement attorney to discuss your situation. We offer free phone, video, and office consultations for all expungement cases in Alabama! During your initial consultation – we’ll review the details of your criminal record and inform you of whether or not you’re eligible for an Alabama expungement. Schedule your free consultation today by calling our Huntsville/ Athens location at (256) 539-4464 or completing an online case evaluation form.