Dothan Expungement Lawyer

What is expungement in Alabama?

Expungement in Alabama is a court process that seals records of an arrest or charge so they are generally no longer available to the public. Once records are expunged, the law generally treats the matter as if it never occurred, with some exceptions. For many people in Dothan and the Wiregrass, expungement is what finally lets them move past an old case when applying for jobs, housing, or school.

Alabama’s expungement law is found in Ala. Code § 15-27-1 and the sections that follow. It was first enacted in 2014 and has been expanded since, most significantly in 2021.

Who is eligible for expungement in Alabama?

Eligibility generally depends on two things: what you were charged with and how the case ended. In general, a person may be able to petition to expunge records of a misdemeanor, traffic violation, municipal ordinance violation, or felony charge when the case:

• Was dismissed with prejudice
• Was no-billed by a grand jury, meaning the grand jury declined to indict
• Ended in a not-guilty verdict at trial
• Was dismissed without prejudice and has not been refiled after a waiting period
• Was dismissed after successful completion of a diversion program, drug court, or similar program

Some charges and situations are excluded or have extra requirements. For example, certain violent offenses, sex offenses, and offenses involving children are treated differently, and having other pending charges or recent convictions can affect eligibility. Waiting periods also vary depending on the charge and how the case ended, and some cases can be filed right away.

Alabama-specific: A dismissed case is not automatically removed from your record in Alabama. In most cases, you must file a petition asking the court to expunge it.

What changed with the 2021 expansion?

In 2021, Alabama expanded its expungement law so that some people may also petition to expunge certain convictions, not just dismissed or not-guilty charges. In general, the expansion covers some misdemeanor, traffic, and municipal ordinance convictions after the sentence is complete and a waiting period has passed.

The expansion has important limits. Many offenses are excluded, including DUI and many violent, sex-related, and domestic violence offenses, and there are limits on how many times a person can use it. Because the rules are detailed, the best way to know whether a conviction qualifies is to have a lawyer review your full record.

How does the expungement process work?

The expungement process in Houston County generally follows these steps:

1. Record review. We gather your court records and criminal history to confirm what is on your record and how each case ended.
2. Eligibility check. We review each charge against the statute, including any waiting periods and exclusions.
3. Petition. A petition is filed in the court where the case was handled, along with the required records and filing fee.
4. Notice and objection period. The prosecutor, and in some cases the alleged victim, are notified and given time to object.
5. Hearing or ruling. If no one objects, the court may rule without a hearing. If there is an objection, the judge usually holds a hearing and weighs the factors set out in the law.
6. Order and follow-up. If the petition is granted, the court orders the records sealed, and the order is sent to the agencies that hold them.

Each case requires its own petition, and filing fees generally apply to each one. We explain the expected costs up front.

What happens after a record is expunged?

After a record is expunged, it is generally sealed from public view, and in most situations you can lawfully answer that the arrest or charge did not occur. There are exceptions. For example, certain law enforcement agencies, professional licensing boards, and employers in sensitive fields may still be able to consider expunged records in some circumstances.

Private background check companies sometimes keep outdated information. If an expunged record still appears on a report, there may be steps you can take to have it corrected.

What if my record is not eligible for expungement?

If a conviction does not qualify for expungement, other options may still help. These can include a pardon through the Alabama Board of Pardons and Paroles, which may restore certain rights, or sealing of juvenile records, which follows separate rules. A lawyer can explain which options may fit your situation.

Why does expungement matter if my case was already dismissed?

Many people are surprised to learn that a dismissed case can still show up on background checks. An employer, landlord, or school may see the arrest and draw conclusions before asking what happened. Expungement can close that gap.

If you are currently facing a charge, keep expungement in mind from the start. The way a case is resolved, such as through dismissal after a diversion program, can affect whether you can clear your record later. See our pages on drug charges and theft charges for examples of where this often comes up.

How can Dothan Law Group help clear my record?

Raynor Clifton, a former Houston County prosecutor, and Niki Pierce, the firm’s managing partner, help people in Dothan and across the Wiregrass review their records and pursue expungement where it is available. We handle the record gathering, the petition, and any hearing, and we tell you honestly if a charge does not qualify. These conversations are confidential, and many clients are relieved to learn how much can be done.