The REDEEMER Act Explained: Who is Eligible for Expungement in Alabama?

Understanding Alabama's REDEEMER Act

For decades, Alabama possessed some of the strictest expungement laws in the United States. Only charges that resulted in an outright dismissal or a not-guilty verdict could be sealed. That changed significantly with the passage of the REDEEMER Act in 2021. This monumental legislation opened the door for thousands of residents in Birmingham, Mobile, Huntsville, and Montgomery to finally clear their past convictions and move forward with their lives.

Despite this expansion, the law remains deeply complex with rigid eligibility requirements based on the exact nature of your charge and the outcome of your case. If you are unsure whether your specific conviction qualifies under the new law, we strongly encourage you to find an experienced expungement attorney in our directory. A local lawyer can analyze your criminal history and determine your eligibility before you spend money on filing fees.

Eligibility by Charge Type

Eligibility for expungement in Alabama strictly depends on whether your charge was a misdemeanor, a traffic violation, or a non-violent felony. The court scrutinizes each category differently.

Non-Violent Misdemeanors

Under Ala. Code § 15-27-1, most non-violent misdemeanor charges that were dismissed, no-billed by a grand jury, or resulted in an acquittal are eligible for immediate expungement processing (subject to minor administrative timelines). Thanks to the REDEEMER Act, you can now also expunge actual convictions for non-violent misdemeanors. To qualify, you must have successfully completed all terms of your sentence, including probation, paid all court fines and restitution, and demonstrated a clean record for a specific waiting period.

Violations and Traffic Offenses

Minor violations and municipal ordinance infractions generally follow the same rules as misdemeanors. Most traffic offenses can be expunged if they were dismissed or if you met the post-conviction requirements. However, Driving Under the Influence (DUI) convictions under Ala. Code § 32-5A-191 are classified as serious traffic offenses and are strictly ineligible for expungement under Ala. Code § 15-27-1(b)(7). Only DUI arrests or charges that resulted in a non-conviction, such as a dismissal or an acquittal, qualify for expungement.

Specific Non-Violent Felonies

The most substantial change from the REDEEMER Act was allowing the expungement of specific non-violent felonies under Ala. Code § 15-27-2. If your non-violent felony case was dismissed with prejudice, you must wait at least 90 days from the date of dismissal before filing a petition under Ala. Code § 15-27-2(a)(1), provided the charge has not been refiled. If you were actually convicted of a non-violent felony, you must first obtain a Certificate of Pardon with restoration of civil and political rights from the Alabama Bureau of Pardons and Paroles, Montgomery. Only after securing this pardon can you petition the Tuscaloosa County Circuit Court, Tuscaloosa or your local court to officially expunge the conviction.

Statutory Waiting Periods

Even if your charge is eligible, you cannot file the petition the day you leave the courthouse. Alabama enforces strict waiting periods to ensure rehabilitation. For misdemeanor convictions, you must generally wait three (3) years from the date of your conviction before filing, and you cannot have been convicted of any other offense (excluding minor traffic tickets) during that timeframe. For eligible non-violent felony convictions that have been pardoned, the law usually requires a waiting period of 180 days from the issuance of the pardon. Additionally, under Ala. Code § 15-27-2(c)(6), a 15-year arrest-free waiting period applies specifically to convictions involving moral turpitude that were originally classified as felonies but were subsequently reclassified as misdemeanors under Act 2015-185.

Excluded Offenses (Violent Crimes & Sex Offenses)

It is crucial to understand what the REDEEMER Act does not cover. Alabama law strictly prohibits the expungement of any violent crimes or sex offenses. As a general rule, convictions for crimes involving moral turpitude are also ineligible; however, a specific statutory exception applies under Ala. Code § 15-27-1(b)(6) and Ala. Code § 15-27-2(c)(6) for offenses originally classified as felonies that were reclassified as misdemeanors under Act 2015-185, provided the individual has remained arrest-free for 15 years. Charges like murder, rape, domestic violence, robbery, and serious child abuse are permanently etched onto your public record if you are convicted. Appellate courts continuously uphold these strict limitations, ensuring that public safety considerations outweigh the individual's desire for a clean record, as demonstrated in precedents interpreting statutory limits like Levins v. State, 285 So. 3d 250 (AL Court of Criminal Appeals 2016).

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