Alabama Expungement Law

Code of Ala. § 15-27-1 (2021)

Section 15-27-1 – Petition to expunge records – Misdemeanor criminal offense, traffic violation, municipal ordinance violation; Requirements (Effective July 1, 2021)

(a) A person who has been charged with a misdemeanor offense, a violation, a traffic violation, or a municipal ordinance violation may file a petition in the criminal division of the circuit court in the county in which the charges were filed, to expunge records relating to the charge in any of the following circumstances:

(1) When the charge has been dismissed with prejudice and more than 90 days have passed.

(2) When the charge has been not billed by a grand jury and more than 90 days have passed.

(3) When the person has been found not guilty of the charge and more than 90 days have passed.

(4) When the charge has been nolle prossed without conditions, more than 90 days have passed, and the charge or charges have not been refiled.

(5) When the indictment has been quashed and the statute of limitations for refilling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refilled.

(6) a. When the charge was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran’s court, or any court-approved deferred prosecution program.

b. Expungement may be a court-ordered condition of a program listed in paragraph a.

c. A petition for Expungement may be filed one year from the date of successful completion of a program listed in paragraph a.

(7) When the charge was dismissed without prejudice more than one year ago, has not been refilled, and the person has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations, during the previous two years.

(8) When the person proves by a preponderance of the evidence that the person is a victim of human trafficking, that the person committed the misdemeanor offense, violation, traffic violation, or municipal ordinance violation during the period the person was being trafficked, and that the person would not have committed the offense or violation but for being trafficked. Evidence that a person is a victim of human trafficking may include, but is not limited to, evidence that the person’s trafficker was convicted of trafficking the person under Section 13A-6-152 or Section 13A-6-153.

(b) Subsection (a) notwithstanding, a person who has been convicted of a misdemeanor offense, a violation, a traffic violation, or a municipal ordinance violation may file a petition in the criminal division of the circuit court in the county in which the charges were filed to expunge records relating to the charge and the conviction if all of the following occur:

(1) Except as provided in Section 15-27-4, all probation or parole requirements have been completed, including payment of all fines, costs, restitution, and other court-ordered amounts, and are evidenced by the applicable court or agency.

(2) Three years have passed from the date of conviction.

(3) If the person was convicted of any of the offenses enumerated in 49 C.F.R. § 383.51, the person was not operating a commercial motor vehicle at the time of the offense, or was not holding a commercial driver license or a commercial learner’s permit at the time of the offense.

(4) The conviction is not a violent offense, as provided in Section 12-25-32.

(5) The conviction is not a sex offense, as provided in Section 15-20A-5.

(6) The conviction is not an offense involving moral turpitude, as provided in Section 17-3-30.1. This subdivision does not apply if the crime the person was convicted of was classified as a felony at the time of the conviction, but has been reclassified as a misdemeanor, pursuant to Act 2015-185, and the person has not been arrested for any offense, excluding minor traffic violations, 15 years prior to the filing of the petition for expungement.

(7) The conviction is not a serious traffic offense, as provided in Article 9 of Chapter 5A of Title 32.

(c) Subject to the provisions of 15-27-16, records related to offenses and convictions may be disclosed to a criminal justice agency, a district attorney, or a prosecuting authority for criminal investigation purposes as provided in Section 15-27-7, to a utility and its agents and affiliates, to the Department of Human Resources for the purpose of investigation or assessment in order to protect children or vulnerable adults, or to any entities or services providing information to banking, insurance, and other financial institutions as required for various requirements as provided in state and federal law. Further, any criminal charges that are expunged or are pending expungement pursuant to 15-27-1 shall be available for use by any attorneys, officers of the Court, or the Court itself in any civil matters related to the criminal charges expunged or seeking to be expunged regardless of the outcome of the petitioned expungement. At the conclusion of the pending civil matter, all references to the criminal charges expunged or to be expunged shall be redacted in the event the criminal charges are expunged. (d) The circuit court shall have exclusive jurisdiction of a petition filed under subsections (a) and (b).

Ala. Code § 15-27-1 (1975)

Amended by Act 2021-482,§ 2, eff. 7/1/2021.

Amended by Act 2021-286,§ 2, eff. 7/1/2021.

Amended by Act 2018-506,§ 8, eff. 7/1/2018.

Added by Act 2014-292,§ 1, eff. 7/7/2014.

(a) A person who has been charged with any felony offense may file a petition in the criminal division of the circuit court in the county in which the charges were filed, to expunge records relating to the charge in any of the following circumstances:

(1) When the charge is dismissed with prejudice and more than 90 days have passed.

(2) When the charge has been not billed by a grand jury and more than 90 days have passed.

(3) When the person has been found not guilty of the charge and more than 90 days have passed.

(4) When the charge has been nolle prossed without conditions, and more than 90 days have passed, and the charge or charges have not been refiled.

(5) When the indictment has been quashed and the statute of limitations for refilling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refilled.

(6) a. When the charge was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran’s court, or any court-approved deferred prosecution program.

b. Expungement may be a court-ordered condition of a program listed in paragraph a.

c. A petition for expungement may be filed one year from the date of the successful completion of a program listed in paragraph a.

(7) When the charge was dismissed without prejudice more than five years ago, has not been refilled, and the person has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations, during the previous five years.

(8) When the person proves by a preponderance of the evidence that the person is a victim of human trafficking, that the person committed the felony offense during the period the person was being trafficked, and that the person would not have committed the felony offense but for being trafficked. Evidence that a person is a victim of human trafficking may include, but is not limited to, evidence that the person’s trafficker was convicted of trafficking the person under Section 13A-6-152 or Section 13A-6-153

(b) Subsection (a) notwithstanding, a person who has been convicted of any of the following violent offenses, as defined in Section 12-25-32, may be expunged upon a showing that the person committed the felony offense during the period the person was trafficked, and that the person would not have committed the felony offense but for being trafficked:

(1) Promoting prostitution in the first degree pursuant to Section 13A-12-111

(2) Domestic violence in the third degree pursuant to subsection (d) of Section 13A-6-123

(3) Production of obscene matter involving a person under the age of 17 years pursuant to Section 13A-12-197

(c)  A person who has been convicted of a felony offense may file a petition in the criminal division of the circuit court in the county in which the charges were filed to expunge records relating to the charge and the conviction if all of the following occur:

(1) The person has been granted a certificate of pardon with restoration of civil and political rights for the conviction from the Board of Pardons and Paroles.

(2) All civil and political rights that were forfeited as a result of the conviction have been restored.

(3) One hundred eighty days have passed from the date of the issuance of the certificate of pardon.

(4) Except as provided in subsection (b), the conviction is not a violent offense, as provided in Section 12-25-32

(5) The conviction is not a sex offense, as provided in Section 15-20A-5

(6) The conviction is not an offense involving moral turpitude, as provided in Section 17-3-30.1. This subdivision does not apply if the crime the person was convicted of was classified as a felony at the time of the conviction, but has been reclassified as a misdemeanor, pursuant to Act 2015-185, and the person has not been arrested for any offense, excluding minor traffic violations, 15 years prior to the filing of the petition for expungement.

(7) The conviction is not a serious traffic offense, as provided in Article 9 of Chapter 5A of Title 32.

(8) If the person was convicted of any of the offenses enumerated in C.F.R. § 383.51, the person was not holding a commercial driver's license or a commercial learner’s permit at the time of the offense, or was not operating a commercial motor vehicle at the time of the offense.

(d) Subject to the provisions of Section 15-27-16, records related to offenses and convictions may be disclosed to a criminal justice agency, a district attorney, or a prosecuting authority for criminal investigation purposes as provided in Section 15-27-7, to a utility and its agents and affiliates, to the Department of Human Resources for the purpose of investigation or assessment in order to protect children or vulnerable adults, or to any entities or services providing information to banking, insurance, and other financial institutions as required for various requirements as provided in state and federal law. Further, any criminal charges that are expunged or are pending expungement pursuant to 15-27-2 shall be available for use by any attorneys, officers of the Court, or the Court itself in any civil matters related to the criminal charges expunged or seeking to be expunged regardless of the outcome of the petitioned expungement. At the conclusion of the pending civil matter, all references to the criminal charges expunged or to be expunged shall be redacted in the event the criminal charges are expunged.

(e) The circuit court shall have exclusive jurisdiction of a petition filed under subsection (a), (b), or (c).

Ala. Code § 15-27-2 (1975)

Amended by Act 2021-482,§ 2, eff. 7/1/2021.

Amended by Act 2021-286,§ 2, eff. 7/1/2021.

Amended by Act 2018-506,§ 8, eff. 7/1/2018.

Amended by Act 2017-377,§ 1, eff. 8/1/2017.

Added by Act 2014-292,§ 2, eff. 7/7/2014.

(a)

(1) A person may be granted unlimited expungements pursuant to subdivisions (a)(1) through (a)(5) and (a)(7) and (a)(8) of Section 15-27-1, subdivisions (a)(1) through (a)(5) and (a)(7) and (a)(8) of Section 15-27-2, and subsection (b) of Section 15-27-2.

(2) A person may only be granted one expungement pursuant to subsection (c) of Section 15-27-2.

(3) A person may only be granted two expungements pursuant to subdivision (a)(6) of Section 15-27-1, subsection (b) of Section 15-27-1, and subdivision (a)(6) of Section 15-27-2.

(b) For the purposes of subsection (a), one expungement shall include all charges or convictions stemming from the same arrest or incident.

(c) The Administrative Office of Courts, in consultation with the Alabama State Law Enforcement Agency, shall adopt procedures relating to prior expungements for the purposes of the limitations in this section.

Ala. Code § 15-27-2.1 (1975)

Added by Act 2021-286,§ 3, eff. 7/1/2021.

(a) A petition filed under this chapter shall include a sworn statement made by the person seeking expungement under the penalty of perjury stating that the person has satisfied the requirements set out in this chapter and whether he or she has previously applied for an expungement in any jurisdiction and whether an expungement has been previously granted.

(b) The petitioner shall include a certified record of arrest, disposition, or the case action summary from the appropriate agency for the court record the petitioner seeks to have expunged as well as a certified official criminal record obtained from the Alabama Criminal Justice Information Center. In addition to setting forth grounds for the court to consider, the petitioner shall specify what criminal charges from the record are to be considered, further specify the agency or department that made the arrest and any agency or department where the petitioner was booked or was incarcerated or detained pursuant to the arrest or charge sought to be expunged.

(c) A petitioner shall serve the district attorney, the law enforcement agency, and the clerk of court of the jurisdiction for which the records are sought to be expunged, a copy of the petition, and the sworn affidavit. The district attorney shall review the petition and may make reasonable efforts to notify the victim if the petition has been filed seeking an expungement under circumstances enumerated in paragraph a. of subdivision (4) of Section 15-27-2 involving a victim that is not a governmental entity. The district attorney and the victim shall have a period of 45 days to file a written objection to the granting of the petition or the district attorney shall be deemed to have waived the right to object. The district attorney shall serve the petitioner or the petitioner’s counsel a copy of the written objection.

Ala. Code § 15-27-3 (1975)

Added by Act 2014-292,§ 3, eff. 7/7/2014.

(a) In addition to any cost of court or docket fee for filing the petition in circuit court, an administrative filing fee of five hundred dollars ($500) shall be paid at the time the petition is filed and is a condition precedent to any ruling of the court pursuant to this chapter. The administrative filing fee shall be distributed as follows:

(1) Seventy-five dollars ($75) to the State Judicial Administrative Fund.

(2) Twenty-five dollars ($25) to the Alabama Department of Forensic Sciences.

(3) Fifty dollars ($50) to the district attorney’s office.

(4) Fifty dollars ($50) to the clerk’s office of the circuit court having jurisdiction over the matter, for the use and benefit of the circuit court clerk.

(5) Fifty dollars ($50) to the Public Safety Fund.

(6) Fifty dollars ($50) to the general fund of the county where the arresting law enforcement agency is located if the arrest was made by the sheriff’s office to be used for law enforcement purposes, or, if the arrest was made by another law enforcement agency, to the municipality or other entity or state agency funding the law enforcement activity.

(7) One hundred dollars ($100) to the State General Fund.

(8) Fifty dollars ($50) to the Education Trust Fund.

(9) Fifty dollars ($50) to the Fair Trial Tax Fund.

(b)

(1) When a petitioner is seeking the expungement of multiple charges arising from one arrest, the petitioner shall only be required to pay one filing fee pursuant to subsection (a).

(2) When a petitioner is seeking the expungement of multiple charges arising from multiple arrests, the petitioner shall be required to pay a filing fee for each arrest pursuant to subsection (a).

(c) Notwithstanding subsection (a), a person seeking relief under this chapter may apply for indigent status by completing an Affidavit of Substantial Hardship and Order which shall be submitted with the petition. If the court finds the petitioner is indigent, the court shall waive the filing fee provided in subsection (a).

(d) If a petitioner seeks expungement of an arrest or conviction record and the court in the original case made a clear and unequivocal judicial finding on the record that the arrest had no foundation of probable cause, the court, in the expungement proceeding, shall waive all docket fees and court costs, except for the filling fee in subsection (a).

Ala. Code § 15-27-4 (1975)

Amended by Act 2021-286,§ 2, eff. 7/1/2021.

Added by Act 2014-292,§ 4, eff. 7/7/2014.

(a) If the prosecuting authority or victim files an objection to the granting of a petition under this chapter, the court having jurisdiction over the matter shall set a date for a hearing no sooner than 14 days from the filing of the objection. The court shall notify the prosecuting authority and the petitioner of the hearing date. In making its determination, the court shall consider all of the following factors:

(1) Nature and seriousness of the offense committed.

(2) Circumstances under which the offense occurred.

(3) Date of the offense.

(4) Age of the person when the offense was committed.

(5) Whether the offense was an isolated or repeated incident.

(6) Other conditions which may have contributed to the offense.

(7) An available probation or parole record, report, or recommendation.

(8) Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement and the petitioner pleaded guilty to another related or lesser offense.

(9) Evidence of rehabilitation, including good conduct in prison or jail, in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful business or employment history, and the recommendation of his or her supervisors or other persons in the community.

(10) Any other matter the court deems relevant, which may include, but is not limited to, a prior expungement of the petitioner’s records.

(b) A hearing under subsection (a) shall be conducted in a manner prescribed by the trial judge and shall include oral argument and review of relevant documentation in support of, or in objection to, the granting of the petition. The Alabama Rules of Evidence shall apply to the hearing. Leave of the court shall be obtained for the taking of witness testimony relating to any disputed fact.

(c) There is no right to the expungement of any criminal record, and any request for expungement of a criminal record may be denied at the sole discretion of the court. The court shall grant the petition if it is reasonably satisfied from the evidence that the petitioner has complied with and satisfied the requirements of this chapter. The court shall have discretion over the number of cases that may be expunged pursuant to this chapter after the first case is expunged. The ruling of the court shall be subject to certiorari review and may not be reversed absent a showing of an abuse of discretion.

(d) If no objection to a petition is filed by the prosecuting authority or victim, the court having jurisdiction over the matter shall rule on the merits of the petition without setting the matter for hearing. In such cases, the court shall grant the petition if it is reasonably satisfied from the evidence that the petitioner has complied with and satisfied the requirements of this chapter.

Ala. Code § 15-27-5 (1975)

Amended by Act 2021-286,§ 2, eff. 7/1/2021.

Added by Act 2014-292,§ 5, eff. 7/7/2014.

(a) Except as provided in Section 15-27-10, upon the granting of a petition pursuant to this chapter, the court, pursuant to Section 15-27-9, shall order the expungement of all records in the custody of the court and any records in the custody of any other agency or official, including law enforcement records, except privileged presentence or postsentence investigation reports produced by the Alabama Board of Pardons and Paroles and its officers, records, documents, databases, and files of the district attorney and the Office of Prosecution Services. On July 7, 2014, and for 18 months thereafter, every agency with records relating to the arrest, charge, or other matters arising out of the arrest or charge that is ordered to expunge the records shall certify to the court within 180 days of the entry of the expungement order that the required expungement action has been completed.

(b) After the expungement of records pursuant to subsection (a), the proceedings regarding the charge shall be deemed never to have occurred. Except as provided in this chapter, the court and other agencies shall reply to any inquiry that no record exists on the matter. The petitioner whose record was expunged shall not have to disclose the fact of the record or any matter relating thereto on an application for employment, credit, or other type of application. However, the petitioner whose record was expunged shall have the duty to disclose the fact of the record and any matter relating thereto to any government regulatory or licensing agency, any utility and its agents and affiliates, or any bank or other financial institution. In these circumstances, the government regulatory or licensing agency, utility, and its agents and affiliates, or the bank or other financial institution shall have the right to inspect the expunged records after filing a notice with the court.

Ala. Code § 15-27-6 (1975)

Added by Act 2014-292,§ 6, eff. 7/7/2014.

(a) Upon receipt of the order of expungement, a criminal justice agency in possession of records subject to the order shall immediately forward the records to the Alabama State Law Enforcement Agency. The center shall digitally archive the records in a manner prescribed by the Alabama Justice Information Commission and designate the records as protected, except as provided in other provisions of this chapter. The records may not be used for any non-criminal justice purpose, except as otherwise provided in this chapter, and may be made available to criminal justice agencies, a district attorney, or a prosecuting authority upon acknowledgment of an investigation or other criminal matter involving the person related to the expungement. Any expunged records that were added to a federal database shall be requested to be removed and not made available within any interstate criminal database. Records may also be made available to the Department of Human Resources for the purpose of investigation or assessment in order to protect children or vulnerable adults. Expungement under this chapter does not expunge reports that are indicated, as defined in Section 26-14-8.

(b) Records expunged under this chapter may not be transmitted to the Federal Bureau of Investigation national criminal records repository. Any record subject to be expunged under this chapter and transmitted to the Federal Bureau of Investigation prior to the expungement of the record shall be requested for withdrawal within the national system by the Alabama State Law Enforcement Agency.

Ala. Code § 15-27-7 (1975)

Amended by Act 2021-286,§ 2, eff. 7/1/2021.

Added by Act 2014-292,§ 7, eff. 7/7/2014.

Once the records are expunged pursuant to this chapter, the records shall be forwarded to the Alabama State Law Enforcement Agency in a manner prescribed by the Alabama Justice Information Commission for purposes of archiving, and the records shall be stored in a manner prescribed by the Alabama Justice Information Commission. The records shall be retained by the Alabama State Law Enforcement Agency indefinitely.

Ala. Code § 15-27-8 (1975)

Amended by Act 2021-286,§ 2, eff. 7/1/2021.

Added by Act 2014-292,§ 8, eff. 7/7/2014.

For purposes of this chapter, the following terms shall have the following meanings:

(1) CRIMINAL JUSTICE AGENCIES. As defined in Section 41-9-590.

(2) RECORD. The term shall include, but is not limited to, all of the following: a. Arrest and conviction records.

b. Booking or arrest photographs of the petitioner.

c. Index references such as the State Judicial Information System or any other governmental index references for public records search.

d. Records relating to administrative suspension pursuant to Article 14 of Chapter 5A of Title 32, including driver's license suspension records.

e. Other data, whether in documentary or electronic form, relating to the arrest, charge, or conviction.

Ala. Code § 15-27-9 (1975)

Amended by Act 2021-286,§ 2, eff. 7/1/2021.

Added by Act 2014-292,§ 9, eff. 7/7/2014.

(a) Nothing in this chapter shall prohibit a criminal justice agency, a law enforcement agency or official, a district attorney or a prosecuting authority, the Alabama Department of Forensic Sciences, or the Department of Human Resources from maintaining an investigative file, report, case file, or log which may include any evidence, biological evidence, photographs, exhibits, or information in documentary or electronic form.

(b) Nothing in this chapter shall prohibit the Department of Human Resources from continuing to maintain any documentation, reports, case files, or evidence needed for the protection of children or vulnerable adults.

Ala. Code § 15-27-10 (1975)

Amended by Act 2021-286,§ 2, eff. 7/1/2021.

Added by Act 2014-292,§ 10, eff. 7/7/2014.

An order of expungement, pursuant to this chapter may include, but is not limited to, the petitioner’s true name, all aliases, current physical address, date of birth, Social Security number, or any other vital identifier sufficient to notify the record keeper of the records to be expunged.

Ala. Code § 15-27-11 (1975) 

Added by Act 2014-292,§ 11, eff. 7/7/2014.

No order of expungement shall be granted unless all terms and conditions, including court-ordered 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 indigency by the court.

Ala. Code § 15-27-12 (1975) 

Added by Act 2014-292,§ 12, eff. 7/7/2014.

Upon request, the Administrative Office of Courts shall provide an annual report to the Legislature specifying the number of applicants requesting expungement, the number of expungements granted, a list of the offenses expunged, and a list of the offenses not expunged. The report shall not include any case-specific identifying information.

Ala. Code § 15-27-13 (1975)

Added by Act 2014-292,§ 13, eff. 7/7/2014.

Nothing in this chapter shall be applicable to the Alabama Securities Commission, its statutes, rules, regulations, policies, information repository, or records, nor shall any expungement information, record, document, whether printed, electronic, or otherwise, or file which is expunged under this chapter be considered non disclosable or nonreportable to or by the Alabama Securities Commission. Any requirement for licensing or registration which includes information that has been otherwise expunged under this chapter shall remain reportable as required by the Alabama Securities Commission, applicable federal law, or adopted rules and regulations or as required by any securities-related self-regulatory organization rules, policies, or procedures.

Ala. Code § 15-27-14 (1975) 

Added by Act 2014-292,§ 14, eff. 7/7/2014.

An expungement order shall not entitle an individual to ship, transport, possess, or receive a firearm. Any person whose record of conviction is expunged pursuant to this chapter may have his or her right to ship, transport, possess, or receive a firearm restored by a Certificate of Pardon with Restoration of Civil and Political Rights from the Alabama Board of Pardons and Paroles.
Ala. Code § 15-27-15 (1975)

Added by Act 2014-292,§ 15, eff. 7/7/2014.

(a) Notwithstanding any other provision of this chapter, an individual who knows an expungement order was granted pursuant to this chapter and who intentionally and maliciously divulges, makes known, reveals, gives access to, makes public, uses, or otherwise discloses the contents of an expunged file without a court order, or pursuant to a provision of this chapter, shall be guilty of a Class B misdemeanor.

(b) In addition to any other immunity or other civil protection or legal remedy available that an individual or entity may rightfully claim, an agency, department, custodian of records, corporation, business entity, or individual that makes public or disseminates a record that has been judicially expunged pursuant to this chapter shall be immune from civil liability absent unreasonable, wanton, willful, or intentional conduct.

(c) In addition to any other immunity or other civil protection or legal remedy available that an individual or entity may rightfully claim, an agency, department, custodian of records, corporation, business entity, or individual that employs, hires, contracts with, or holds any business or contractual relationship with an individual and is unaware of the existence of a criminal record due to an expungement pursuant to this chapter shall be immune from civil liability for damages caused by the person, absent unreasonable, wanton, willful, or intentional conduct.

Ala. Code § 15-27-16 (1975)

Added by Act 2014-292,§ 16, eff. 7/7/2014.

Upon determination by the court that a petition for expungement was filed under false pretenses and was granted, the order of expungement shall be reversed and the criminal history record shall be restored to reflect the original charges.

Ala. Code § 15-27-17 (1975) 

Added by Act 2014-292,§ 17, eff. 7/7/2014.

Notwithstanding any other provision of this chapter, an applicant for a position in law enforcement or corrections or a law enforcement or correctional officer shall disclose and produce any expunged record pursuant to this chapter or any other state law to the Alabama Peace Officers’ Standards and Training Commission, and the commission shall have access to any expunged records sealed or archived pursuant to this chapter for purposes of certification and regulation of persons as correctional and law enforcement officers.

Ala. Code § 15-27-18 (1975) 

Added by Act 2014-292,§ 18, eff. 7/7/2014.

The Alabama Justice Information Commission shall adopt rules for the submission of data from criminal justice agencies necessary to complete the criminal history record within the state criminal history repository. Data within the repository shall include all records allowed by federal regulation of state repositories.

Ala. Code § 15-27-19 (1975)

Amended by Act 2021-286,§ 2, eff. 7/1/2021.

Added by Act 2014-292,§ 19, eff. 7/7/2014.

Records that have been expunged pursuant to this chapter shall be released for use in a civil suit filed by a person for whom expungement was granted that is related to, or arising from, the arrest or conviction that was the subject of the expungement. Upon a request from any party for the release of any records that have been expunged, the court having jurisdiction over the pending civil matter shall hold an in-camera hearing to determine the following:

(1) If the request has been made in good faith.

(2) The nature and scope of the requested records.

(3) The relevance of the requested records to the pending civil matter.

Upon the completion of the in-camera review, the court shall make a determination in writing whether to release the expunged records. In no way shall the release of expunged records bear any weight as to their admissibility at trial with respect to the Alabama Rules of Evidence. This section is to be applied retroactively.

Ala. Code § 15-27-20 (1975) 

Added by Act 2017-377,§ 2, eff. 8/1/2017.

A certified record of an expungement is admissible in a criminal trial, subject to the Alabama Rules of Criminal Procedure and the Alabama Rules of Evidence. Prior to the introduction of an expungement by any party, the court shall conduct an in-camera hearing to determine its admissibility.

Ala. Code § 15-27-21 (1975) 

Added by Act 2021-286,§ 3, eff. 7/1/2021.