Alabama Expungement Laws – Changes In 2021

Alabama Expungement Laws – Changes In 2021

Birmingham AL Criminal Defense Lawyer Whitney Polson

By Whitney Polson, Birmingham AL Criminal Defense Lawyer Near Me

Alabama Expungement Law lawyers of Polson & Polson are knowledgeable and experienced in helping clients navigate the complex and ever-changing expungement laws of Alabama, including Alabama’s New Expungement Law of 2021.  Contact our office immediately to consult about your expungement case in Alabama.

2021 Amendment of Alabama Expungement Statutes

Alabama Expungement Laws received a major overhaul in 2021 by the Alabama Legislature. With the passage of Alabama Senate Bill 117, not only may dismissed misdemeanor cases be expunged; now, in Alabama, any felony case dismissed may be expunged and convictions for certain criminal offenses, including misdemeanors and felonies, may be expunged from a person’s record.  As well, records relating to administrative DUI suspensions and driver license suspensions may be expunged.  Further amendment tweaked filing requirements, wait times and the breadth of records allowable to be expunged.

Alabama’s New Expungement Law will take effect in July of 2021.

There are two categories of cases that may now be expunged in Alabama: dismissals and convictions. Different requirements and rules apply to each of these categories.  As well, there are distinctions related to misdemeanor and felonies criminal offenses.

Alabama Expungement Laws for Dismissed Cases

Pursuant to Alabama Code Section 15-27-1 & 15-27-2

Alabama Expungement Statute of Dismissed Misdemeanor Cases

Alabama Expungement Statute 15-27-1 dictates:

A person who has been charged in any court of law in Alabama (including municipal court, district court or circuit court) 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:

  • 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.
  • When the charge has been nolle prossed without conditions, more than 90 days have passed, and the charge or charges have not been refiled.
  • When the indictment has been quashed and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled.
  • 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; a petition for expungement may be filed one year from the date of successful completion of said program.
  • When the charge was dismissed without prejudice and more than one year has passed, the charge has not been refiled and the person has not been convicted of any felony or misdemeanor in the following two years (excluding minor traffic violations).

Alabama Expungement Laws of Dismissed Felony Cases

Alabama Expungement Statute 15-27-2 allows for expungement of dismissed felony charges in Alabama based upon the following criteria:

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 said charge under the following circumstances:

  • After 90 days: the charge is dismissed with prejudice, no billed by a grand jury, the person has been found not guilty of the charge or the charge has been nolle prossed without conditions and the charge has not been refiled.
  • When the indictment has been quashed and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled.
  • After 1 year: 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.
  • After 5 years: when the charge was dismissed without prejudice, has not been refiled, 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.

Alabama Expungement Laws for Convictions of Misdemeanor and Felony Cases

Pursuant to Alabama Code Section 15-27-1 & 15-27-2

With the passage of Senate Bill 117, by the 2021 Alabama Legislature, a radical change took place to Alabama Expungement Laws.  Now, as never before, State Law in Alabama allows for the expungement of certain misdemeanor and felony convictions.  Of course, there are exceptions and rules that must be applied to each individual case to determine eligibility under the new Alabama Expungement Laws.

In determining eligibility to expunge a prior misdemeanor or felony conviction in Alabama, the first consideration must be whether the misdemeanor or felony conviction is excluded under the law.

The following misdemeanor and felony convictions are excluded from eligibility under Alabama Expungement Law:

  • Violent Offenses as defined by Alabama Code Section 12-25-32

(Homicides, Felony Assaults, Felony Domestic Violence, Rape, Burglary, etc.)

  • Sex Offenses as defined by Alabama Code Section 15-20A-5

(Rape, Indecent Exposure, Sexual Abuse, Humant Trafficking, Sodomy, etc.)

  • Crimes of Moral Turpitude as defined by Alabama Code Section 17-3-30.1

(Felony Theft, Trafficking Drugs, Robbery, Homicides, Felony Assaults, etc.)

  • Serious Traffic Offenses as defined by Article 9 of Chapter 5A of Title 32 Alabama Code

(Reckless Driving, DUI, BUI, Homicide by Vehicle)

  • Operation of a commercial vehicle at the time of the offense and crime is enumerated in 49 C.F.R Section 383.51 (DUI, Leaving Scene of an Accident, Serious Traffic Violations)

Alabama Expungement Laws for Misdemeanor Convictions

Pursuant to Alabama Code Section 15-27-1, a person who has been convicted in Alabama  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 their charges were filed to expunge records relating to the charge and the conviction if all of the following occur:

  • 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;
  • 3 years have passed from the date of convict
  • The conviction is not an excludable offense (Violent Offense, Sex Offense, Crime of Moral Turpitude, Serious Traffic Offense, Operating of a Commercial Vehicle)

** Certain convictions, otherwise excluded, may be eligible for expungement if the person committed the offense while a victim of human trafficking

Alabama Expungement Laws for Felony Convictions

 Now, as never before, Alabama State Law allows for expungement of certain felony convictions.  Specifically, Alabama Expungement Statute as contained in Code of Alabama Section 15-27-2 allows as follows:

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 where the charge was filed if all of the following occur:·   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;·   All civil and political rights that were forfeited as a result of the conviction have been restored; ·   One hundred eighty days have passed from the date of the issuance of the certification of pardon &

  • The conviction is not an excludable offense (Violent Offense, Sex Offense, Crime of Moral Turpitude, Serious Traffic Offense, Operating of a Commercial Vehicle)

** Certain convictions, otherwise excluded, may be eligible for expungement if the person committed the offense while a victim of human trafficking.

Number of Expungements Allowable Under Alabama Expungement Laws

Though the Alabama Expungement Laws are helpful and expansive, there are limitations to the number of expungements that may be filed under the current law.

Specifically, Alabama Code Section 15-27-2.1 limits expungements as follows:

  • Unlimited: Any dismissed Misdemeanor and Felony Case, except if the dismissal was via the successful completion of a drug court program, mental health court program, diversion program, veteran’s court, or any court-approved deferred prosecution program
  • Two: Misdemeanor Convictions; Misdemeanor or Felony dismissal via successful completion of a drug court program, mental health court program, diversion program, veteran’s court, or any court-approved deferred prosecution program;
  • One: Felony Conviction (**unlimited if conviction because victim of human trafficking)

** one expungement shall include all charges or convictions stemming from the same arrest or incident.

Alabama Expungement Law Requires Payment of Filing Fee

Alabama Code Section 15-27-4 requires the payment of a filing fee, when filing a petition for expungement in the appropriate circuit court.   The administrative filing fee is $500.00; however, when a petitioner is seeking expungement of multiple charges arising from one arrest, only one filing fee is required.  Multiple charges from multiple arrests, require the payment of a filing fee per arrest.

Excluded Cases Under Alabama Expungement Laws

Alabama expungement laws exclude certain categories of case from seeking expungement.  These categories of exclusion include:

  • Violent Offenses as defined by Alabama Code Section 12-25-32
  • Sex Offenses as defined by Alabama Code Section 15-20A-5
  • Crimes of Moral Turpitude as defined by Alabama Code Section 17-3-30.1
  • Serious Traffic Offenses as defined by Article 9 of Chapter 5A of Title 32 Alabama Code
  • Operation of a commercial vehicle at the time of the offense and crime is enumerated in 49 C.F.R Section 383.51

Violent Offenses, per Ala. Code §12-25-32, that are excluded by current Alabama Expungement Law include :

  1. Capital murder pursuant to Sections 13A-6-2 and 13A-5-40.
  2. Murder pursuant to Section 13A-6-2.
  3. Manslaughter pursuant to Section 13A-6-3.
  4. Criminally negligent homicide pursuant to Section 13A-6-4.
  5. Assault I pursuant to Section 13A-6-20.
  6. Assault II pursuant to Section 13A-6-21.
  7. Compelling street gang membership pursuant to Section 13A-6-26.
  8. Kidnapping I pursuant to Section 13A-6-43.
  9. Kidnapping II pursuant to Section 13A-6-44.
  10. Rape I pursuant to Section 13A-6-61.
  11. Rape II pursuant to Section 13A-6-62.
  12. Sodomy I pursuant to Section 13A-6-63.
  13. Sodomy II pursuant to Section 13A-6-64.
  14. Sexual torture pursuant to Section 13A-6-65.l.
  15. Sexual abuse I pursuant to Section 13A-6-66.
  16. Enticing a child to enter a vehicle for immoral purposes pursuant to Section 13A-6-69.
  17. Stalking pursuant to Section 13A-6-90.
  18. Aggravated stalking pursuant to Section 13A-6-91.
  19. Soliciting a child by computer pursuant to Section 13A-6-110.
  20. Domestic violence I pursuant to Section 13A-6-130.
  21. Domestic violence II pursuant to Section 13A-6-131.
  22. Burglary I pursuant to Section 13A-7-5.
  23. Burglary II pursuant to Section 13A-7-6.
  24. Burglary III pursuant to subdivision (1) or subdivision (2) of subsection (a) of Section 13A-7-7
  25. Arson I pursuant to Section 13A-7-41.
  26. Criminal possession of explosives pursuant to Section 13A-7-44.
  27. Extortion I pursuant to Section 13A-8-14.
  28. Robbery I pursuant to Section 13A-8-41.
  29. Robbery II pursuant to Section 13A-8-42.
  30. Robbery III pursuant to Section 13A-8-43.
  31. Pharmacy robbery pursuant to Section 13A-8-51.
  32. Terrorist threats pursuant to Section 13A-10-15.
  33. Escape I pursuant to Section 13A-10-31.
  34. Promoting prison contraband I pursuant to Section 13A-10-36, involving a deadly weapon or dangerous instrument.
  35. Intimidating a witness pursuant to Section 13A-10-123.
  36. Intimidating a juror pursuant to Section 13A-10-127.
  37. Treason pursuant to Section 13A-11-2.
  38. Discharging a weapon into an occupied building, dwelling, automobile, etc., pursuant to Section 13A-11-61.
  39. Promoting prostitution I pursuant to Section 13A-12-111.
  40. Production of obscene matter involving a minor pursuant to Section 13A-12-197.
  41. Trafficking pursuant to Section 13A-12-231.
  42. Child abuse pursuant to Section 26-15-3.
  43. Elder abuse pursuant to Section 38-9-7.
  44. Terrorism pursuant to Section 13A-10-152.
  45. Hindering prosecution for terrorism pursuant to Section 13A-10-154.
  46. Domestic violence III pursuant to subsection (d) of Section 13A-6-132.
  47. Domestic violence by strangulation or suffocation pursuant to Section 13A-6-138.
  48. Human trafficking I pursuant to Section 13A-6-152.
  49. Human trafficking II pursuant to Section 13A-6-153.
  50. Hindering prosecution in the first degree pursuant to Section 13A-10-43.
  51. Any substantially similar offense for which an Alabama offender has been convicted under prior Alabama law or the law of any other state, the District of Columbia, the United States, or any of the territories of the United States

** Any attempt, conspiracy, or solicitation to commit a violent offense shall be considered a violent offense for the purposes of this article.

Sex Offenses, per Alabama Code Section 15-20A-5, excluded by current Alabama Expungement Laws include:

(1) Rape in the first degree, as provided by Section 13A-6-61.

(2) Rape in the second degree, as provided by Section 13A-6-62. A juvenile sex offender adjudicated delinquent of a violation of rape in the second degree is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.

(3) Sodomy in the first degree, as provided by Section 13A-6-63.

(4) Sodomy in the second degree, as provided by Section 13A-6-64. A juvenile sex offender adjudicated delinquent of a violation of sodomy in the second degree is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.

(5) Sexual misconduct, as provided by Section 13A-6-65, provided that on a first conviction or adjudication the sex offender is only subject to registration and verification pursuant to this chapter. On a second or subsequent conviction or adjudication of a sex offense, if the second or subsequent conviction or adjudication does not arise out of the same set of facts and circumstances as the first conviction or adjudication of a sex offense, the sex offender shall comply with all requirements of this chapter. A juvenile sex offender adjudicated delinquent of a violation of sexual misconduct is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.

(6) Sexual torture, as provided by Section 13A-6-65.1.

(7) Sexual abuse in the first degree, as provided by Section 13A-6-66.

(8) Sexual abuse in the second degree, as provided by Section 13A-6-67.

(9) Indecent exposure, as provided by Section 13A-6-68, provided that on a first conviction or adjudication of a sex offense, the sex offender is only subject to registration and verification pursuant to this chapter. On a second or subsequent conviction or adjudication of a sex offense, if the second or subsequent conviction or adjudication does not arise out of the same set of facts and circumstances as the first conviction or adjudication, the sex offender shall comply with all requirements of this chapter. A juvenile sex offender adjudicated of a violation of indecent exposure is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.

(10) Enticing a child to enter a vehicle, room, house, office, or other place for immoral purposes, as provided by Section 13A-6-69.

(11) Sexual abuse of a child less than 12 years old, as provided by Section 13A-6-69.1.

(12) Promoting prostitution in the first degree, as provided by Section 13A-12-111.

(13) Promoting prostitution in the second degree, as provided by Section 13A-12-112.

(14) Violation of the Alabama Child Pornography Act, as provided by Section 13A-12-191, 13A-12-192, 13A-12-196, or 13A-12-197. A juvenile sex offender adjudicated delinquent of a violation of the Alabama Child Pornography Act is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.

(15) Unlawful imprisonment in the first degree, as provided by Section 13A-6-41, if the victim of the offense is a minor, and the record of adjudication or conviction reflects the intent of the unlawful imprisonment was to abuse the minor sexually.

(16) Unlawful imprisonment in the second degree, as provided by Section 13A-6-42, if the victim of the offense is a minor, and the record of adjudication or conviction reflects the intent of the unlawful imprisonment was to abuse the minor sexually.

(17) Kidnapping in the first degree, as provided by subdivision (4) of subsection (a) of Section 13A-6-43, if the intent of the abduction is to violate or abuse the victim sexually.

(18) Kidnapping of a minor, except by a parent, guardian, or custodian, as provided by Section 13A-6-43 or 13A-6-44.

(19) Incest, as provided by Section 13A-13-3.

(20) Transmitting obscene material to a child by computer, as provided by Section 13A-6-111.

(21) School employee engaging in a sex act or deviant sexual intercourse with a student, or having sexual contact or soliciting a sex act or sexual contact with a student, as provided by Sections 13A-6-81 and 13A-6-82.

(22) Foster parent engaging in a sex act, having sexual contact, or soliciting a sex act or sexual contact with a foster child, as provided by Section 13A-6-71.

(23) Facilitating solicitation of unlawful sexual conduct with a child, as provided by Section 13A-6-121.

(24) Electronic solicitation of a child, as provided by Section 13A-6-122.

(25) Facilitating the on-line solicitation of a child, as provided by Section 13A-6-123.

(26) Traveling to meet a child for an unlawful sex act, as provided by Section 13A-6-124.

(27) Facilitating the travel of a child for an unlawful sex act, as provided by Section 13A-6-125.

(28) Human trafficking in the first degree, as provided by Section 13A-6-152, provided that the offense involves sexual servitude.

(29) Human trafficking in the second degree, as provided by Section 13A-6-153, provided that the offense involves sexual servitude.

(30) Custodial sexual misconduct, as provided by Section 14-11-31.

(31) Sexual extortion, as provided by Section 13A-6-241.

(32) Directing a child to engage in a sex act, as provided in Section 13A-6-243.

(33) Any offense which is the same as or equivalent to any offense set forth above as the same existed and was defined under the laws of this state existing at the time of such conviction, specifically including, but not limited to, crime against nature, as provided by Section 13-1-110; rape, as provided by Sections 13-1-130 and 13-1-131; carnal knowledge of a woman or girl, as provided by Sections 13-1-132 through 13-1-135, or attempting to do so, as provided by Section 13-1-136; indecent molestation of children, as defined and provided by Section 13-1-113; indecent exposure, as provided by Section 13-1-111; incest, as provided by Section 13-8-3; offenses relative to obscene prints and literature, as provided by Sections 13-7-160 through 13-7-175, inclusive; employing, harboring, procuring or using a girl over 10 and under 18 years of age for the purpose of prostitution or sexual intercourse, as provided by Section 13-7-1; seduction, as defined and provided by Section 13-1-112; a male person peeping into a room occupied by a female, as provided by Section 13-6-6; assault with intent to ravish, as provided by Section 13-1-46; and soliciting a child by computer, as provided by Section 13A-6-110.

(34) Any solicitation, attempt, or conspiracy to commit any of the offenses listed in subdivisions (1) to (33), inclusive.

(35) Any crime committed in Alabama or any other state, the District of Columbia, any United States territory, or a federal, military, Indian, or foreign country jurisdiction which, if it had been committed in this state under the current provisions of law, would constitute an offense listed in subdivisions (1) to (34), inclusive.

(36) Any offense specified by Title I of the federal Adam Walsh Child Protection and Safety Act of 2006 (Pub.L. 109-248, the Sex Offender Registration and Notification Act (SORNA)).

(37) Any crime committed in another state, the District of Columbia, any United States territory, or a federal, military, Indian, or foreign country jurisdiction if that jurisdiction also requires that anyone convicted of that crime register as a sex offender in that jurisdiction.

(38) Any offender determined in any jurisdiction to be a sex offender shall be considered a sex offender in this state.

(39) The foregoing notwithstanding, any crime committed in any jurisdiction which, irrespective of the specific description or statutory elements thereof, is in any way characterized or known as rape, carnal knowledge, sodomy, sexual assault, sexual battery, criminal sexual conduct, criminal sexual contact, sexual abuse, continuous sexual abuse, sexual torture, solicitation of a child, enticing or luring a child, child pornography, lewd and lascivious conduct, taking indecent liberties with a child, molestation of a child, criminal sexual misconduct, video voyeurism, or there has been a finding of sexual motivation.

(40) Any crime not listed in this section wherein the underlying felony is an element of the offense and listed in subdivisions (1) to (39), inclusive.

(41) Any other offense not provided for in this section wherein there is a finding of sexual motivation as provided by Section 15-20A-6.

Crimes of Moral Turpitude as defined by Alabama Code Section 17-3-30.1, excluded by current Alabama Expungement Laws include:

(1) Murder as defined in the following sections:

  1. Subdivision (1) of subsection (a) of Section 13A-5-40.
  2. Subdivision (2) of subsection (a) of Section 13A-5-40.
  3. Subdivision (3) of subsection (a) of Section 13A-5-40.
  4. Subdivision (4) of subsection (a) of Section 13A-5-40.
  5. Subdivision (5) of subsection (a) of Section 13A-5-40.
  6. Subdivision (6) of subsection (a) of Section 13A-5-40.
  7. Subdivision (7) of subsection (a) of Section 13A-5-40.
  8. Subdivision (8) of subsection (a) of Section 13A-5-40.
  9. Subdivision (9) of subsection (a) of Section 13A-5-40.
  10. Subdivision (10) of subsection (a) of Section 13A-5-40.
  11. Subdivision (11) of subsection (a) of Section 13A-5-40.
  12. Subdivision (12) of subsection (a) of Section 13A-5-40.
  13. Subdivision (13) of subsection (a) of Section 13A-5-40.
  14. Subdivision (14) of subsection (a) of Section 13A-5-40.
  15. Subdivision (15) of subsection (a) of Section 13A-5-40.
  16. Subdivision (16) of subsection (a) of Section 13A-5-40.
  17. Subdivision (17) of subsection (a) of Section 13A-5-40.
  18. Subdivision (18) of subsection (a) of Section 13A-5-40.
  19. Subdivision (19) of subsection (a) of Section 13A-5-40.
  20. Section 13A-6-2.

(2) Manslaughter as defined in Section 13A-6-3.

(3) Assault as defined in Section 13A-6-20, except for subdivision (5) of subsection (a) of Section 13A-6-20, and Section 13A-6-21.

(4) Kidnapping in the first degree as defined in Section 13A-6-43.

(5) Kidnapping in the second degree as defined in Section 13A-6-44.

(6) Rape as defined in Sections 13A-6-61 and 13A-6-62.

(7) Sodomy as defined in Sections 13A-6-63 and 13A-6-64.

(8) Sexual torture as defined in Section 13A-6-65.1.

(9) Sexual abuse as defined in Sections 13A-6-66, 13A-6-67, and 13A-6-69.1.

(10) Enticing a child to enter a vehicle for immoral purposes as defined in Section 13A-6-69.

(11) Facilitating solicitation of unlawful sexual conduct with a child as defined in Section 13A-6-121.

(12) Electronic solicitation of a child as defined in Section 13A-6-122.

(13) Facilitating the on-line solicitation of a child as defined in Section 13A-6-123.

(14) Traveling to meet a child for an unlawful sex act as defined in Section 13A-6-124.

(15) Facilitating the travel of a child for an unlawful sex act as defined in Section 13A-6-125.

(16) Human trafficking as defined in Sections 13A-6-152 and 13A-6-153.

(17) Terrorism as defined in Section 13A-10-152.

(18) Soliciting or providing support for an act of terrorism as defined in Section 13A-10-153.

(19) Hindering prosecution of terrorism as defined in Section 13A-10-154.

(20) Endangering the water supply as defined in Section 13A-10-171.

(21) Possession, manufacture, transport, or distribution of a destructive device or bacteriological or biological weapon as defined in Section 13A-10-193.

(22) Selling, furnishing, giving away, delivering, or distribution of a destructive device, a bacteriological weapon, or biological weapon to a person who is less than 21 years of age as defined in Section 13A-10-194.

(23) Possession, manufacture, transport, or distribution of a detonator, explosive, poison, or hoax device as defined in Section 13A-10-195.

(24) Possession or distribution of a hoax device represented as a destructive device or weapon as defined in subsection (c) of Section 13A-10-196.

(25) Attempt to commit an explosives or destructive device or bacteriological or biological weapons crime as defined in Section 13A-10-197.

(26) Conspiracy to commit an explosives or destructive device or bacteriological or biological weapons crime as defined in Section 13A-10-198.

(27) Hindrance or obstruction during detection, disarming, or destruction of a destructive device or weapon as defined in Section 13A-10-199.

(28) Possession or distribution of a destructive device or weapon intended to cause injury or destruction as defined in Section 13A-10-200.

(29) Treason as defined in Section 13A-11-2.

(30) Dissemination or public display of obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts as defined in Section 13A-12-191.

(31) Possession and possession with intent to disseminate obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts as defined in Section 13A-12-192.

(32) Parents or guardians permitting children to engage in production of obscene matter as defined in Section 13A-12-196.

(33) Production of obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts as defined in Section 13A-12-197.

(34) Distribution, possession with intent to distribute, production of obscene material, or offer or agreement to distribute or produce, as defined in Section 13A-12-200.2.

(35) Trafficking in cannabis, cocaine, or other illegal drugs or trafficking in amphetamine and methamphetamine as defined in Section 13A-12-231.

(36) Bigamy as defined in Section 13A-13-1.

(37) Incest as defined in Section 13A-13-3.

(38) Torture or other willful maltreatment of a child under the age of 18 as defined in Section 26-15-3.

(39) Aggravated child abuse as defined in Section 26-15-3.1.

(40) Prohibited acts in the offer, sale, or purchase of securities as defined in Section 8-6-17.

(41) Burglary as defined in Sections 13A-7-5 and 13A-7-6.

(42) Aggravated theft by deception as defined in Section 13A-8-2.1.

(43) Theft of property as defined in Sections 13A-8-3 and 13A-8-4.

(44) Theft of lost property as defined in Sections 13A-8-7 and 13A-8-8.

(45) Theft of trademarks or trade secrets as defined in Section 13A-8-10.4.

(46) Robbery as defined in Sections 13A-8-41, 13A-8-42, and 13A-8-43.

(47) Forgery as defined in Sections 13A-9-2 and 13A-9-3.

(48) Any crime as defined by the laws of the United States or by the laws of another state, territory, country, or other jurisdiction, which, if committed in this state, would constitute one of the offenses listed in this subsection.\

Serious Traffic Offenses as defined by Article 9 of Chapter 5A of Title 32 Alabama Code, excluded by current Alabama Expungement Laws include:

  1. DUI
  2. BUI
  3. Reckless Driving
  4. Homicide by Vehicle
  5. Ignition Interlock Violation

Operation of a commercial vehicle at the time of the offense and crime is enumerated in 49 C.F.R Section 383.51, excluded by current Alabama Expungement Laws include:

Call the Alabama Expungement Lawyers of Polson & Polson to ask questions about whether you are eligible for an expungement.  Our legal services lawyers handle expungement cases throughout the entire State of Alabama.