A fresh start is possible-and closer than you think
Old charges and court records follow good people for years. Employers, landlords, and licensing boards don't always see the context-only a screenshot of your past. At Christopher D. Salter, P.C. in Foley, we help clients across Baldwin County understand who qualifies for expungement in Alabama and how to clear eligible records the right way. This guide translates the law into practical steps you can use today.
What expungement means in Alabama (plain English)
Expungement is a court order that removes an eligible criminal case from public view. After expungement, most private background checks should not show the expunged incident, and you can generally answer "no" on job and housing applications when asked about that specific arrest/charge. Expungement is not the same as a pardon, and it doesn't rewrite history; it seals the record from public access and limits who can see it.
Key idea: The outcome of your case (dismissed, not guilty, diversion completed, or certain non-violent convictions after a waiting period) is just as important as the original charge.
Why eligibility matters: real-world stakes
- Employment & licensing: Many employers and boards run commercial background checks. Clearing an eligible case reduces red flags and interview "explanations."
- Housing & loans: Landlords and lenders often screen applicants; old arrests can cause denials or worse terms.
- Everyday peace of mind: When a background check no longer drags up a dismissed mistake, you can move forward with more confidence.
- Family & education: For parents, apprentices, and students, clearing eligible matters prevents one event from defining your record.
The plain-English eligibility checklist
Use this as a starting point. The law evolves, and details matter-especially charge type, final outcome, and time since completion of your sentence.
Likely expungeable (with proper timing and documents)
- Cases that did not end in conviction:
- Dismissed (with or without prejudice)
- Not guilty / acquittal
- No-billed by a grand jury
- Successfully completed diversion, deferred prosecution, or a similar program
- Certain misdemeanor convictions
after you:
- Completed all sentence terms (probation, classes, fines, restitution), and
- Stayed arrest-free for a waiting period (often measured in years)
- Some non-violent felony convictions
after you:
- Completed all sentence terms, and
- Observed a longer waiting period (commonly several years), and
- Meet offense-specific limits (the statute restricts what can be cleared)
Generally not expungeable
- Violent felonies and offenses involving serious injury or weapons (as defined by statute)
- Sex offenses, crimes involving children, and other specially barred offenses
- Certain high-harm or high-risk crimes specifically excluded by law
Universal conditions that often apply
- No pending criminal charges when you file
- All fines, fees, and restitution fully paid
- A separate petition for each incident/case you seek to expunge
- Filing in the correct county and court
Tip: Even if someone told you years ago that you didn't qualify, the law may have expanded since then. It's worth rechecking eligibility now.
Step-by-step: How the Alabama expungement process works
- Confirm eligibility
Match your case outcome and charge to the current statute. Verify waiting periods and any offense-specific limits. - Collect documents
- Certified case action summary and final disposition
- Proof of sentence completion (probation, classes, restitution)
- Government ID and fingerprints (for required checks)
- Filing/administrative fees
- File the petition
File in the circuit court where the original case was brought. Your petition explains the legal basis for expungement and the reasons the judge should grant it (rehabilitation, employment impact, community ties). - Serve required parties
Provide notice to the District Attorney and the arresting agency. They may review and object; we track deadlines and responses. - Court review or hearing
Some petitions are granted on the filings alone; others require a brief hearing. We present your rehabilitation, clean conduct, and need for relief. - Order & implementation
If granted, agencies are directed to remove the record from public access. We confirm compliance and advise how to answer application questions going forward. - Timeline & costs
Uncontested petitions often resolve in a few months, depending on the court's calendar and how quickly documents are assembled. Fees include state-set amounts and court costs; our firm provides a clear estimate up front.
Common examples (Baldwin County-focused)
- Dismissed shoplifting case (no conviction): Eligible once the dismissal is final; we file when all costs are paid and no new charges are pending.
- First-offense misdemeanor drug possession (completed probation): Often eligible after a clean waiting period and full completion of terms.
- Non-violent Class C or D felony (older case, sentence completed): May be eligible under current expansions if statutory limits are met and the waiting period has run.
- Diversion-completed DUI-related charge: Outcome-driven; if dismissed after completion, it may qualify even though DUI law is nuanced-requires careful review.
- Juvenile or Youthful Offender matter: Different rules and procedures; sealing/expungement may be faster.
Issues people run into (and how to avoid them)
- Filing too early: Waiting period hasn't run or court costs remain unpaid-petition gets denied.
- Wrong venue: Filing in the wrong county or court delays everything.
- Missing documents: Lack of certified disposition or proof of completion slows or sinks the petition.
- New charges pending: Active cases can block relief; timing strategy matters.
- Overbroad expectations: Expungement clears court records from public access; it doesn't automatically delete news articles or private web content.
How Christopher D. Salter, P.C. makes this easier
- Eligibility review: We examine your charges, outcomes, and dates and give you a yes/no/when roadmap.
- Document wrangling: We obtain certified records from Baldwin County and other jurisdictions so your packet is complete.
- Precise petitions: We draft, file, and serve the DA and agencies, tracking every deadline.
- Hearing advocacy: If a hearing is scheduled, we present rehabilitation, employment need, and community ties that judges expect to see.
- Follow-through:
After the order, we confirm agencies have removed the record from public access and counsel you on answering background questions.
The result: a cleaner background check, fewer roadblocks, and a concrete step toward the life you've been building.
Free, confidential eligibility check
If you're wondering whether your case can be cleared, don't guess. Send us your case numbers and county, and we'll tell you where you stand and what it will take. The sooner you start, the sooner you can stop explaining an old mistake.
