An arrest can show up on a background check even if the case did not end in a conviction. For Alabama residents, an old arrest record may cause problems when applying for a job, renting a home or seeking other opportunities. Fortunately, Alabama law allows people to clear certain criminal records. Learning if your case may qualify and how the process works can help you see what choices you may have.
When can an arrest record be expunged?
Not every arrest qualifies for expungement. Under Alabama law, the answer often depends on how the case ended and what type of charge you faced.
For certain misdemeanors, violations and municipal offenses, eligibility may exist when:
- Having the charge dismissed with prejudice and waiting more than 90 days
- Being found not guilty and waiting more than 90 days
- Having the grand jury return a no-bill and waiting more than 90 days
- Having the charge nolle prossed without conditions and waiting more than 90 days
- Completing an approved diversion or court program and meeting the required waiting period
Some nonviolent felony charges may also qualify in certain cases. Since each case has its own facts, checking the court record can help show whether you may qualify to file for expungement.
How does the Alabama expungement process work?
Expungement generally involves filing a petition with the criminal division of the circuit court in the county where the prosecution filed the charges. The Alabama courts use Form CR-65 for expungement petitions. Required documents can include a certified arrest or case record and a certified criminal history from the Alabama Law Enforcement Agency.
Gathering the correct records can help prevent problems with an incomplete petition. Legal assistance can also help you review eligibility, prepare the required paperwork and address issues that may arise during the court process.
A cleaner record may be possible
An arrest does not always have to stay on your record forever. If your case meets Alabama’s legal rules, filing for expungement may help remove the arrest from certain criminal records and limit what appears on some background checks.
