When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check. Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime. Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged.

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In Alabama, expungement laws allow for the removal of certain criminal records from public access. This means that once a record is expunged, it is destroyed or deleted and is no longer accessible by courts, agencies, or during background checks. However, not all criminal records are eligible for expungement. Generally, non-violent misdemeanors, traffic violations, municipal ordinances, and some non-violent felonies can be expunged if the individual has not been convicted of any other crime and a certain period has passed since the case was resolved. For misdemeanors, the waiting period is usually two years after the charge was dismissed with prejudice, and for felonies, it is five years after the charge was dismissed with prejudice. Convictions for violent felonies and sex offenses are typically not eligible for expungement. Additionally, individuals who were found not guilty, had charges dismissed without prejudice and two years have passed, or had charges no-billed by a grand jury may apply for expungement. Juvenile records may also be expunged under certain conditions. The process involves filing a petition with the court, and the court has discretion in granting expungement. It's important to consult with an attorney to understand the specific eligibility criteria and process for expungement in Alabama.