Get Your Alabama Criminal Record Rap Sheet
Application to Review Alabama Criminal History Record Information
In order for you to review, challenge or appeal your Alabama criminal history record information, use this form
Alabama Background Check
Alabama state website only accessible by registered employers
FBI Rap Sheet
FBI website with instructions and forms. Order this if you have a criminal record in more than one state
Alabama Adult Criminal Record Expungement Forms
Affidavit of Substantial Hardship and Order (Form C-10)
Use this form if you are indigent and seek a waiver or reduction of court filing fees.
Alabama Adult Arrest Record Expungement FAQs
Am I Eligible?
If you were charged with a non-violent misdemeanor or felony, but never convicted of a crime, you may be eligible for record expungement. This applies to any offense, including a traffic violation, so long as the charge was dismissed or you were found not guilty.
What Charges Cannot be Expunged?
Violent felonies listed in the Alabama code are not eligible, including: capital murder, murder, manslaughter, assault, kidnaping, rape, sodomy, robbery, burglary, arson, stalking, sexual abuse and domestic violence 1 and 2.
Under What Conditions Can Traffic Violations, Municipal Ordinances, Violations and Misdemeanors Be Expunged?
- The charge was dismissed with prejudice
- The charge was no-billed by a grand jury
- You were found not guilty
- The charge was dismissed without prejudice, more than two years have passed, the charges have not been re-filed and you have not been convicted of anything other than a minor traffic violation
Under What Conditions Can a Nonviolent Felony Charge Be Expunged?
- The charge was dismissed with prejudice
- The charge was no-billed by a grand jury
- You were found not guilty
- The charge was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran’s court or any other approved deferred prosecution program
- The charge was dismissed without prejudice more than five years ago, the charges have not been re-filed and you have not been accused of anything other than a minor traffic violation
What is the Restriction on Cases Dismissed Without Prejudice?
A case that is dismissed without prejudice may be refiled at a later date. Because of this, the Alabama expungement law requires that the case have been dismissed at least two years prior to filing the expungement petition, that the case has not beed refiled, and that you have not been convicted of any other crime (excluding minor traffic violations) in the past two years.
I Went Through a Deferred Prosecution Program, such as Drug Court, Mental Health Court or Veteran’s Court. Is My Case Eligible for Expungement?
Generally yes. Most deferred prosecution programs ultimately result in the charges being dismissed. Therefore, they fall under the types of cases which may be expunged under the Alabama expungement law. Note, however, that you must wait for one year after completion of the program before you can apply for expungement.
What is the Waiting Period for Felony Cases Dismissed Without Prejudice?
If your offense was a felony, and the case was dismissed without prejudice, you must wait five years from the time of the dismissal before you can apply for expungement. In addition, the charges cannot have been refiled and you cannot have been convicted of any other criminal offense during the five year period (excluding minor traffic offenses).
What is the Waiting Period for Felony Cases Dismissed With Prejudice?
If your offense was a felony, and the case was dismissed with prejudice, you must wait ninety days before you can apply for expungement.
Are My Records Automatically Expunged If I Meet Any of These Conditions?
No. Until you obtain an order in the court where the charges were filed, your criminal record will remain open to the public.
Exactly What Records Are Expunged?
Arrest records, booking or arrest photos, index references for public records searches and other documents or electronic files concerning the arrest or charge. If the FBI or NCIC has your records, the government must ask that they be withdrawn from those databases.
Do I Need to Hire a Lawyer?
A lawyer is not mandatory. However, if you are not comfortable with filling-out court forms, filing them, serving them, and representing yourself if a hearing is held, then you should speak with a lawyer.
What Paperwork Do I Need to Prepare?
The petition has to include:
- A sworn statement that you meet the expungement requirements
- A case action summary or certified copy of arrest and disposition
- A certified copy of the arrest record from the Alabama Law Enforcement Agency
- Description of the charges to be considered for removal and description of the agencies involved in the arrest and any incarceration.
What Other Information Do I Need to Complete the Petition?
- Your full name
- Your current address
- Your date of birth
- Your social security number (last four digits only)
- The charge you want expunged
- The date of your arrest
- The name and address of the agency or department that arrested you
- The Court where your charge was disposed
If I File, Who Will Be Notified?
A copy of your petition must be submitted to the circuit court as well as the District Attorney’s office, relevant law enforcement agencies and the clerk of the court. The District Attorney and victims will have 45 days to file a petition to oppose the expungement.
What If Someone Objects?
The court will set a hearing date no sooner than 14 days after the filing of the objection.
What Does The Court Consider At The Hearing?
In deciding to rule upon your expungement petition, the Court will consider the following 10 factors:
- Nature and seriousness of your offense: Certain criminal offenses are by their very nature more serious than others. Crimes involving personal injury are considered more serious than property crimes. Additionally, the seriousness of a criminal act can be judged in relation to the amount of economic harm done by the commission of the crime, the number of victims, whether the act was an isolated incident or part of a larger number of criminal acts. In ruling on your expungement petition, the Court will consider the totality of the circumstances involved in your case to judge the seriousness of the crime with which you were charged.
- Circumstances of the offense: The particular facts of your case will affect the outcome of your expungement petition, such as the nature of the victim, whether you were in a trusted position in relation to the victim, whether restitution was made, or whether the criminal act was done for reasons other than personal monetary gain.
- Date of the offense: The length of time between the filing of your expungement petition and your criminal case is important to consider. The longer the time span the better, as it gives the Court more justification to believe that the incident was an isolated event which has not been repeated.
- Your age at the time of the offense: Your age at the time of arrest and charge is also an important consideration. More allowance is made for youthful indiscretion.
- Whether it was an isolated or repeated incident: If your criminal case was a one-time isolated incident, it will weigh heavily in your favor. Repeated incidents of criminal behavior will give the Court no confidence that you would not continue your criminal behavior in the future, thus negating any benefits of an expungement. However, even if you have a number of criminal matters on your record, a showing of reformation and a good track record in recent years can overcome multiple incidents.
- Other contributing conditions: Were you under economic pressure? Did you suffer from duress? Were you coerced or bullied into taking part in the criminal behavior? What were the financial, physical, psychological and emotional circumstances which contributed to your arrest?
- Any available probation or parole record: The Court will also consider any probation report for your case or any parole report for any case in which you were involved. At times these reports will contain historical information about your case as well as your social and family history.
- Whether your offense was dismissed or not prosecuted as a part of a plea agreement: The Court will take note of any negotiated plea agreement so as to respect the terms of any agreement. Additionally, it may affect the expungement if the case was dismissed as part of a plea deal in which you entered a guilty plea on some other case.
- Evidence of rehabilitation:Evidence that you have had good behavior and conduct since the time of the criminal case is one of the most important factors. The Court can take into consideration anything from good behavior in jail/prison to vocational schooling, recommendations from supervisors, and any sort of treatment received. Letters of recommendation should be attached as part of your expungement petition.
- Any other matter the court deems relevant: The court is not strictly limited to the 9 listed factors above and can consider anything that would either positively or negatively affect the decision on your expungement petition.
What Rules Govern The Hearing?
The hearing will be conducted according to the Alabama Rules of Evidence; witnesses may be called if there is a dispute about a certain fact.
What Must I Prove At The Hearing?
The judge must be “Reasonably Satisfied” that you have complied with the expungement act.
What If Nobody Objects?
After the 45 days with no objection, the District Attorney is deemed to have waived the objection. The court will then review your petition and can either grant or deny it without a hearing. Even if there is no objection, “Reasonable Satisfaction” is still the standard of proof.
What Happens If The Judge Grants My Petition?
If your petition is approved, the court will order the expungement of all your records in the custody of the court as well as those records held by law enforcement agencies and other authorities. They must do so within 180 days of entry of the expungement order.
Why Should I Expunge My Criminal Record?
Once the records are expunged, you are not required to disclose those records on credit or job applications. The proceedings regarding the expunged charges are deemed never to have occurred, and courts and other agencies must reply to any inquiries that no record exists.
Am I Under A Duty To Disclose After Expungement is Granted?
You have the continuing duty to disclose the “fact of the record” to any government, regulatory or licensing agency, any utility or its affiliates or any bank or financial institution.
What Records Will Remain After An Expungement is Granted?
Privileged investigation reports by the Alabama Board of Pardons and Paroles and files of the District Attorney.
Will the Expunged Record Exist Anywhere?
The Alabama Criminal Justice Information Center will archive them in a protected file. The records cannot be used for a non-justice purpose and can only be made available when a criminal justice agency provides notice that you are under investigation.
Will My Expunged Record Be Removed from the FBI National Database?
Most likely, Yes. The Alabama expungement law provides that the ACJIC request the withdrawal of the records from the FBI national criminal records repository. However, a state court order for expungement is not binding on the FBI.
When Did This Law Go Into Effect?
How Much Does It Cost?
A $300 administrative fee plus any court costs must be paid when the petition is filed in the circuit court having jurisdiction where the charge was filed. To locate the circuit court, click here.
What If I Owe Restitution or Fines?
All outstanding court fees, restitutions, fines and fees must be paid prior to filing the petition. No order of expungement shall be granted unless all terms and conditions, including restitution, are satisfied and paid in full, including interest, to any victim, or the Alabama Crime Victim’s Compensation Commission, as well as court costs, fines, or statutory fees ordered by the sentencing court to have been paid, absent a finding of indigence by the court. Basically this means that you have to have completed every program and paid every fine before you can apply.
Can Any Costs or Fees Be Waived If I’m An Indigent?
The court must make a finding of indigency before any fees, costs or restitution is waived. Submit this form with your petition: Affidavit of Substantial Hardship and Order (Form C-10). Use this form if you are indigent and seek a waiver or reduction of court filing fees.
Will My Firearm Rights Be Restored?
Expungement does NOT entitle you to ship, transport, possess, or receive a firearm. You still have to go through the Alabama Board of Pardons and Paroles.
What If Someone Exposes the Record That Was Supposed to Be Expunged?
They’re guilty of a Class B misdemeanor.
I Don’t Live in Alabama. Can I Still Get an Expungement?
Yes, but you may have to appear in Court if a hearing is required.
Where Can I Find the New Expungement Law?
To read the entire bill signed by the governor, click here.
Alabama’s New Expungement Law
Huntsville-Madison County Bar Association (2014)
Restoration of Civil Rights and Firearms Privileges in Alabama
Margaret Colgate Love, NACDL Restoration of Rights Resource Project, March 2015
Expungement Help in Alabama
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