(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).
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.