How Much Does Expungement Cost in Alabama? Filing Fees, ALEA Costs, and Attorney Retainers
Expunging a criminal record in Alabama requires a mandatory $500 administrative filing fee. When combined with ALEA background check fees and court filing costs, expect to pay around $560 to $575+ in state and court fees, plus any attorney retainers.
The True Cost of Clearing Your Record in Alabama
A past criminal record can severely impact your ability to secure housing, find a good job, or obtain professional licenses in Alabama. Fortunately, state law allows eligible individuals to clear certain past charges from their public record. However, the expungement process is not free. The Alabama legislature has established specific mandatory fees to process these legal requests. Whether you are filing in Birmingham, Montgomery, or Mobile, it is essential to understand exactly how much the entire process will cost before you begin.
Because the legal paperwork can be confusing and one minor mistake can cause your petition to be denied, many people choose to hire a legal professional. You can easily find a knowledgeable local criminal defense lawyer in our directory to help you file the correct documents and minimize unnecessary expenses.
Breakdown of Filing Fees and ALEA Costs
The total cost to expunge a record in Alabama is divided into a few different categories. These include state administrative fees, background check fees, and local court clerk costs.
The Mandatory $500 Administrative Fee
Under Ala. Code § 15-27-4(a), anyone filing an expungement petition must pay a mandatory $500 administrative filing fee. However, under Ala. Code § 15-27-4(b)(1), when seeking the expungement of multiple charges arising from a single arrest, you are only required to pay one $500 filing fee. Separate filing fees apply only if the charges arose from distinct arrests pursuant to Ala. Code § 15-27-4(b)(2). This fee is paid directly to the local circuit court clerk, such as the Jefferson County Circuit Court, Birmingham or the Mobile County Circuit Court, Mobile, at the time your petition is filed.
ALEA Fingerprinting and Background Check Costs
Before you can formally petition the court, you must obtain a certified copy of your criminal history from the state. You will need to submit a Form SBI-46, Alabama, ALEA, Application to Review Alabama Criminal History Record Information to the Alabama Law Enforcement Agency, Montgomery. ALEA generally charges a $25 fee to process your official criminal record background check. You may also need to pay a small fee (usually $10 to $20) to a local law enforcement agency to capture your fingerprints for the application.
Local Court Clerk Fees
In addition to the state's $500 administrative fee, local county circuit courts often impose their own filing or processing fees. These local fees can range from $35 to $50, depending on the county where your original case was handled. Always check with the local clerk's office beforehand to ensure you bring the exact amount required.
Attorney Retainers for Alabama Expungements
While you are legally allowed to file an expungement petition on your own (pro se), the strict procedural rules make it highly advisable to hire a lawyer. Most Alabama criminal defense attorneys charge a flat fee retainer for expungements. Depending on the complexity of your record and whether the District Attorney objects to your petition, attorney fees typically range from $1,000 to $2,500 per case. This retainer usually covers gathering your ALEA records, drafting the petition, serving the District Attorney, and representing you at any required court hearings.
How to Request a Fee Waiver for Indigent Status
The state recognizes that the $500 administrative fee can be an impossible financial burden for low-income residents. If you cannot afford the administrative fees, Alabama law provides a potential solution. You can file a Form C-10-Criminal, Alabama, Administrative Office of Courts, Affidavit of Substantial Hardship and Order alongside your expungement petition.
This form requires you to disclose your income, household size, and monthly expenses. The judge will review your financial situation and, if approved, can legally waive the $500 administrative fee. However, you will likely still be responsible for the ALEA background check fees and your attorney's retainer.
| Type of Expense | Estimated Cost in Alabama |
|---|---|
| Mandatory State Admin Fee | $500 (Per Arrest) |
| ALEA Background Check | $25 |
| Local Court Clerk Fees | $35 - $50 |
| Average Attorney Fee | $1,000 - $2,500 |
Frequently Asked Questions (FAQ)
Do I get a refund if the judge denies my expungement?
No. The $500 administrative fee and all court costs are strictly non-refundable processing fees. If your petition is denied, the state keeps the money.
Can I pay the expungement fees in installments?
Generally, courts require the entire filing fee upfront at the time you submit your petition. They do not typically offer payment plans for expungement administrative fees.
Does the fee waiver cover my lawyer's costs?
No. The Affidavit of Substantial Hardship only applies to court and state administrative fees. You are still responsible for negotiating and paying your private attorney's fees.
Is the ALEA background check fee waived if I am indigent?
Typically, no. The ALEA fee for processing your criminal history record is a separate agency cost and is rarely waived by the local circuit court judge.
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