(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 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.
Structure Code of Alabama
Title 15 - Criminal Procedure.
Section 15-27-2 - Petition to Expunge Records - Felony Offense.
Section 15-27-2.1 - Limitations on Number of Expungements Granted.
Section 15-27-3 - Submission of Sworn Statement and Records; Service.
Section 15-27-4 - Administrative Filing Fee; Indigency.
Section 15-27-5 - Objections; Hearing; Ruling.
Section 15-27-6 - Order of Expungement; Certification; Inspection of Expunged Records.
Section 15-27-8 - Records Forwarded to and Retained by Alabama State Law Enforcement Agency.
Section 15-27-9 - Definitions.
Section 15-27-10 - Maintenance of Investigative Files, Reports, Case Files, Etc.
Section 15-27-11 - Personal Information Subject to Expungement.
Section 15-27-12 - Prerequisites to Expungement.
Section 15-27-13 - Annual Report.
Section 15-27-14 - Applicability - Alabama Securities Commission.
Section 15-27-15 - Applicability - Right to Ship, Transport, Possess, or Receive Firearm.
Section 15-27-16 - Disclosure of Information From Expunged File Without a Court Order; Liability.
Section 15-27-17 - Filing Under False Pretenses.
Section 15-27-18 - Applicants for Position in Law Enforcement, Etc.
Section 15-27-19 - Rulemaking Authority.
Section 15-27-20 - Release of Expunged Records for Use in Certain Civil Suits; Hearing.
Section 15-27-21 - Admissibility of Expungement Records in Criminal Trials.