Alabama Affidavit in Support of Motion to Order Expungement of Criminal Record

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US-02246BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

To expunge a case you must file a petition initiating an expungement in the appropriate Circuit Court and the proper parties must be served. If your petition is defective, you do not attach the proper exhibits, or you do not serve the proper parties, your petition may be denied on procedural grounds.

Alabama Expungement Statute of Dismissed Misdemeanor Cases When the charge has been dismissed with prejudice and more than 90 days have passed. When the charge has been no billed by a grand jury and more than 90 days have passed. When the person has been found not guilty of the charge and more than 90 days have passed.

Code § 15-27-3(c) requires the Petitioner to serve the ?district attorney, the law enforcement agency, and clerk of court of the jurisdiction for which the records are sought to be expunged.? The Petitioner is relied upon to provide the Court and ultimately the Alabama Law Enforcement Agency information necessary to ...

The Cost of Expungement You will incur some expenses when seeking an expungement in Alabama. There is an administrative filing fee of $300, plus approximately $300 in court costs, a certified records fee of $100 as well as your attorney's fee.

The Cost of Expungement You will incur some expenses when seeking an expungement in Alabama. There is an administrative filing fee of $300, plus approximately $300 in court costs, a certified records fee of $100 as well as your attorney's fee.

Normally the Alabama Law Enforcement Agency charges $25 for the expungement process, but many people who start the process through legal services will be able to do it for free.

Misdemeanor Charge AND Conviction: Furthermore, you must wait a period of three (3) years from the date of conviction to apply for an expungement. Also ? it is important to note that you are only allowed to expunge two misdemeanor convictions in the State of Alabama.

The Code of Alabama 1975, Section 15-27 allows for the expungement of criminal records in certain circumstances. An Alabama court grants expungements, not ALEA. If you have questions regarding the expungement process, please contact your attorney as ALEA cannot provide advice beyond what is offered here.

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Alabama Affidavit in Support of Motion to Order Expungement of Criminal Record