Here is the text we could read:
State of Alabama
Unified Judicial System
Form CR-65 Rev. 7/2021
Page 1.
PETITION FOR EXPUNGEMENT OF
RECORDS
(Section 15-27-1 et seq., Ala. Code 1975)
Court Case Number
(Assigned by Clerk)
IN THE CIRCUIT COURT OF
COUNTY, ALABAMA
(Name of County)
(Last Name)
PETITIONER,
(First Name)
(Middle Name)
,V.
STATE OF ALABAMA,
RESPONDENT.
(Street Address)
(Email Address)
(City, State, Zip Code)
XXX – XX -
(Telephone Number)
(Social Security Number, Last four digits only)
(Date of Birth)
COURT CASE NUMBER TO BE EXPUNGED:
______________
CHARGE OR CONVICTION TO BE EXPUNGED:
(Only one offense per petition; Multi-count cases require multiple petitions)
I, the above-named Defendant/Petitioner, was charged with the above-named offense, which is a
misdemeanor, a violation, a traffic violation or municipal ordinance violation: (Check ONLY one (1) of the
eight (8) options below: If none apply, charge is not eligible for expungement)
Section I
[ ] the charge has been dismissed with prejudice and more than 90 days have passed.
[ ] the charge has been no billed by a grand jury and more than 90 days have passed.
[ ] I was found not guilty of the charge and more than 90 days have passed.
[ ] the charge has been nolle prossed without conditions, more than 90 days have passed, and the charge or
charges have not been refiled.
[ ] an indictment has been quashed and the statute of limitations for refiling the charge or charges has
expired or the prosecuting agency confirms that the charge or charges will not be refiled.
[ ] the charge was dismissed after successful completion of a drug court program, mental health court
program, diversion program, veteran's court, or any court-approved deferred prosecution program, and more
than two expungements have not been granted for the successful completion of these program(s), and the
petition for expungement has not been filed before one year from the date of successful completion of a
program listed in this paragraph.
[ ]] the charge was dismissed without prejudice more than one year ago, has not been refiled, and I have
not been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation,
excluding minor traffic violations, during the previous two years.
State of Alabama
Unified Judicial System
Form CR-65 Rev. 7/2021
Page 2.
PETITION FOR EXPUNGEMENT OF
RECORDS
(Section 15-27-1 et seq., Ala. Code 1975)
Court Case Number
(Assigned by Clerk)
[ ] I can prove by a preponderance of the evidence that I was a victim of human trafficking, and committed
the misdemeanor offense, violation, traffic violation, or municipal ordinance violation during the period were
being trafficked, and you would not have committed the offense or violation but for being trafficked.
Section II
I, the above-named Defendant/Petitioner, was convicted of the above-named offense, which is a
misdemeanor, a violation, a traffic violation or municipal ordinance violation, and more than two
expungements have not been granted: (AND ALL OF THE FOLLOWING HAVE OCCURRED. If you
have not checked all seven boxes, the conviction is not eligible for expungement)
[ ] all probation or parole requirements have been completed, including payment of all fines, costs,
restitution, and other court-ordered amounts, and are evidenced by the applicable court or agency.
[ ] Three years have passed from the date of conviction.
[ ] At the time of the offense, I was not operating a commercial motor or was not holding a commercial
driver license or commercial learner's permit for a conviction of an offense enumerated in 49 C.F.R.
§383.51
[ ] The conviction is not a violent offense, as provided in Section 12-25-32.
[ ] The conviction is not a sex offense, as provided in Section 15-20A-5.
[ ] The conviction is not an offense involving moral turpitude, as provided in Section 17-3-30.1, or was
classified as a felony at the time of the conviction, but has been reclassified as a misdemeanor, pursuant to
Act 2015-185, and I have not been arrested for any offense, excluding minor traffic violations, 15 years prior
to the filing of this petition.
[ ] The conviction is not a serious traffic offense, as provided in Article 9 of Chapter 5A of Title 32.
Section III
I, the above-named Defendant/Petitioner, was charged with the above-named offense, a felony: (Check
ONLY one (1) of the eight (8) options below: If none apply, the charge is not eligible for expungement)
[ ] the charge has been dismissed with prejudice and more than 90 days have passed.
[ ] the charge has been no billed by a grand jury and more than 90 days have passed.
[ ] I was found not guilty of the charge and more than 90 days have passed.
PETITION FOR EXPUNGEMENT OF
RECORDS
(Section 15-27-1 et seq., Ala. Code 1975)
Court Case Number
(Assigned by Clerk)
[ ] the charge has been nolle prossed without conditions, and more than 90 days have passed, and the charge
State of Alabama
Unified Judicial System
Form CR-65 Rev. 7/2021
Page 3.
or charges have not been refiled.
[ ] the indictment has been quashed and the statute of limitations for refiling the charge or charges has
expired or the prosecuting agency confirms that the charge or charges will not be refiled.
[ ] the charge was dismissed after successful completion of a drug court program, mental health court
program, diversion program, veteran's court, or any court-approved deferred prosecution program, and more
than two expungements have not been granted for the successful completion of these program(s), and the
petition for expungement has not been filed before one year from the date of successful completion of a
program listed in this paragraph.
[ ] the charge was dismissed without prejudice more than five years ago, has not been refiled, and I have not
been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation, excluding
minor traffic violations, during the previous five years.
[ ] I can prove by a preponderance of the evidence that I was a victim of human trafficking, and committed
the felony offense during the period I was being trafficked, and would not have committed the felony offense
but for being trafficked.
Section IV
[ ] I, the above-named Defendant/Petitioner, was convicted of the above-named offense, which is one of the
following violent felony offenses as defined in Section 12-25-32, and can show that the commission of the
violent felony occurred while I was being trafficked, and would not have been committed but for being
trafficked. If you cannot prove this to the court, the conviction for any violent felony below is not eligible for
expungement:
- Promoting prostitution in the first degree pursuant to Section 13A-12-111.
- Domestic violence in the third degree pursuant to subsection (d) of Section 13A-6-132.
- Production of obscene matter involving a person under the age of 17 years pursuant to Section 13A-12-197;
- If none apply, this conviction is not eligible for expungement.
Section V
I, the above-named Defendant/Petitioner, was convicted of the above-named offense, a felony, and more
than one expungement has not been granted (AND ALL OF THE FOLLOWING HAVE OCCURRED. If
you have not checked all eight boxes, the conviction is not eligible for expungement):
[ ] I was granted a certificate of pardon with restoration of civil and political rights for the conviction from
the Board of Pardons and Paroles.
State of Alabama
Unified Judicial System
Form CR-65 Rev. 7/2021
Page 4.
PETITION FOR EXPUNGEMENT OF
RECORDS
(Section 15-27-1 et seq., Ala. Code 1975)
Court Case Number
(Assigned by Clerk)
[ ] All civil and political rights that were forfeited as a result of the conviction have been restored.
[ ] One hundred eighty days have passed from the date of the issuance of the certification of pardon.
[ ] the conviction is not a violent offense, as provided in Section 12-25-32, unless it falls within an
exception under Section IV.
[ ] the conviction is not a sex offense, as provided in Section 15-20A-5.
[ ] the conviction is not an offense involving moral turpitude, as provided in Section 17-3-30.1, or was
classified as a felony at the time of the conviction, but has been reclassified as a misdemeanor, pursuant to
Act 2015-185, and I have not been arrested for any offense, excluding minor traffic violations, 15 years prior
to the filing of the petition.
[ ] The conviction is not a serious traffic offense, as provided in Article 9 of Chapter 5A of Title 32.
[ ] At the time of the offense, I was not operating a commercial motor vehicle or was not holding a
commercial driver license or commercial learner's permit for a conviction of an offense enumerated in
49 C.F.R. § 383.51.
Additional Information:
________________________________________________________________________________________
Please be advised that where the law places limitations on the number of expungements, one expungement
shall include all charges and convictions stemming from the same arrest or incident. If the Court does not
determine the Petitioner to be indigent and does not waive the $500.00 filing fee, when the Petitioner is
seeking the expungement of multiple charges arising from one arrest, only one filing fee shall be paid.
When the Petitioner is seeking the expungement of multiple charges arising from multiple arrests, a filing
fee for each arrest shall be paid.
Records related to offenses and convictions may be disclosed to a criminal justice agency, a district
attorney, or a prosecuting authority for criminal investigation purposes, to a utility and its agents and
affiliates, to the Department of Human Resources for the purpose of investigation or assessment in order to
protect children or vulnerable adults, or to any entities or services providing information to banking,
insurance, and other financial institutions as required for various requirements as provided in state and
federal law.
Further, any criminal charges that are expunged or are pending expungement shall be available for use by
any attorneys, officers of the Court, or the Court itself in any civil matters related to the criminal charges
expunged or seeking to be expunged regardless of the outcome of the petitioned expungement. At the
conclusion of the pending civil matter, all references to the criminal charges expunged or to be expunged
shall be redacted in the event the criminal charges are expunged.
State of Alabama
Unified Judicial System
Form CR-65 Rev. 7/2021
Page 5.
PETITION FOR EXPUNGEMENT OF
RECORDS
(Section 15-27-1 et seq., Ala. Code 1975)
Court Case Number
] (1)
Attached to this Petition are: (Petition must include either item 1 or item 2; All Petitions must include item 3.)
[
a certified record of arrest from the appropriate agency for the court record I seek to have
expunged;
a certified record of disposition or a certified record of the case action summary from the
appropriate court for the court record I seek to have expunged;
a certified official criminal record obtained from the Alabama Law Enforcement Agency (ALEA).
] (3)
] (2)
[
[
I am providing the following additional information as required by § 15-27-1 et seq. Ala. Code 1975:
(Petitioner must specify each of the following:)
1. Criminal charge or conviction from the record to be considered:
2. Grounds for, or reasons why you seek, expungement:
3. The agency or department that made the arrest:
4. Any agency or department where the Petitioner was booked or was incarcerated or detained pursuant to the
arrest or charge sought to be expunged: (There is no way for the Court to successfully expunge records that
are not indicated in the Petition or held by entities not served. Therefore, if the Petitioner was not booked,
incarcerated or detained pursuant to arrest on the above-listed charge, that must be indicated here.)
Further, I have satisfied and paid in full all terms and conditions, including court ordered restitution,
including interest, to any victim or the Alabama Crime Victim’s Compensation Commission, as well as court
costs, fines, or statutory fees ordered by the sentencing court to have been paid, absent a finding of indigency
by the court.
State of Alabama
Unified Judicial System
FOR EXPUNGEMENT OF RECORDS
(Section 15-27-1 et seq., Ala. Code 1975)
Court Case Number
Form CR-65 Rev. 7/2021
Page 6.
I swear or affirm, under the penalty of perjury:
(1) that the allegations I have made in this Petition are true and correct;
(2) that I have satisfied the requirements set out in § 15-27-1 et seq. Ala. Code 1975; and
(3) (Select one of the following):
[ ]
that I have not previously applied for an expungement in this or any other jurisdiction.
[ ]
that I have previously filed for an expungement. My previous expungement was filed in
COUNTY and it was given Court Case Number
. That previous petition for expungement
was [ ] granted [ ] denied.
Personally appeared before the undersigned, an officer duly authorized to administer oaths,
, Petitioner named in the foregoing Petition, who being duly sworn, states that
(Printed Name of Petitioner)
the facts set forth in the foregoing Petition are true and correct to the best of their information and belief.
Signature of Petitioner/Affiant
[ ] pro se (Not represented by an attorney)
Sworn To And Subscribed Before Me This:
Date
Officer Authorized to Administer Oaths or Notary Public
My Commission Expires:
Printed or Typed Name of Officer
Printed or Typed Name of Attorney & AL State Bar No.
Signature of Attorney
Business Address of Attorney
City
State
Zip Code
Telephone Number
Email Address
State of Alabama
Unified Judicial System
Form CR-65 Rev. 7/2021
Page 7.
PETITION FOR EXPUNGEMENT OF
RECORDS
(Certificate of Service)
(Section 15-27-1 et seq., Ala. Code 1975)
Court Case Number
(This page is a form Certificate of Service that can be used by the Petitioner to perfect statutorily-required service as well as to serve
any other entities holding records the Petitioner wants expunged. A separate form should be filled out and signed by the person who
served the party. Include as many copies of this page as necessary to show service on all parties, persons, or entities.
NOTE: Records held by parties who are not served may not be successfully expunged, or expungement may be substantially delayed.
Please understand that if you do not provide the name and address of any agency or entity in possession of records
you want expunged, the Court has no way of finding those records and successfully completing the expungement
process. Furthermore, if those entities are not properly served, the Court has no authority to order those records
expunged.)
(ATTORNEYS: YOU ARE NOT REQUIRED TO USE THIS FORM, BUT YOUR PETITION MUST INCLUDE A
CERTIFICATE OF SERVICE THAT COMPLIES WITH ALA. CODE §15-27-3(C), AND THE ALABAMA RULES OF CIVIL
PROCEDURE.)
I, _______________________________, (print your name, or the name of the person who has personal knowledge of the service),
certify that I have this date delivered a copy of the foregoing Petition For Expungement of Records to the following court, agency,
or other entity pursuant to Ala. Code 1975, § 15-27-3(c): (Check only one box per copy of this form)
[ ] District Attorney
[ ] Municipal Chief of Police
[ ] Sheriff
[ ] State Troopers (Sec. of ALEA)
[ ] Clerk of the Circuit Court of the Jurisdiction where the Petition is filed
[ ] District Clerk
[ ] Municipal Clerk
[ ] Other agency, department or entity not listed above:
Date of Service:
Name of Agent Authorized
to Receive Service:
Service Address:
Telephone Number:
Method Of Service:
[ ] Personal [ ] Sheriff [ ] Other:
DATED this ____ day of _____________, 20___.
Petitioner’s/Server’s Signature
(Should match name at the top of the page)
Petitioner’s/Server’s Address:
Petitioner’s/Server’s Telephone Number:
State of Alabama
Unified Judicial System
Form CR-65 Rev. 7/2021
Page 8.
PAGE 1
PETITION FOR EXPUNGEMENT OF
RECORDS
(Instructions for Petitioner)
(Section 15-27-1 et seq., Ala. Code 1975)
Court Case Number
• The Petitioner must fully complete the entire title section
(above the solid black line) of the Petition.
• The first line refers to the circuit court of the county in which
the Petition is to be filed—the Petition must be filed in the
county where the Petitioner was charged with the offense. For
example: A municipal ordinance violation filed in Huntsville,
AL would be properly filed in the Circuit Court of Madison
County.
• The Petitioner’s name on the second line must match the title
of the underlying case—the case the Petitioner is petitioning
to have expunged.
PAGE 6
• The “Petitioner” section must be completed with the
Petitioner’s name and CURRENT contact information.
• The Petitioner must list the full court case number of the
underlying case—the case the Petitioner is petitioning to have
expunged. There may be more than one charge on any given
case number, but each petition must be limited to one charge.
If the Petitioner seeks to have each charge expunged, the
Petitioner must fill out a separate petition for each charge.
Likewise, a separate petition must be filled out for each
qualifying conviction.
• Bottom Half of Page 1 through page 4
Sections I through Section V provide qualifying questions
about the underlying case. Cases eligible for expungement
must satisfy the options provided by each Section.
apply and, if possible, why they do not apply. The Petitioner
must include an address for each agency, department, etc.
listed. Additional pages may be attached if necessary.
• The final paragraph of page 5 relates to the disposition of the
underlying case. Any and all conditions of the court of
disposition must be satisfied in order for the charge to be
eligible for expungement. This includes ANY and ALL fines
fees or other payments to the court.
• Page 6 is an averment under oath that the entire Petition is
true and correct and that the Petitioner is eligible for
expungement, and includes information from the Petitioner
about other expungement petitions. Intentionally giving false
information to the Court may carry penalties.
• All previous petitions for expungement must be disclosed.
Additional pages may be attached, if necessary.
• The Petitioner must sign this document under oath and the
signature must be verified by an official authorized to
administer oaths or a notary public.
• At the bottom of page 6 is a section for information about the
Petitioner’s attorney and for the attorney’s signature. If the
Petitioner IS represented by an attorney, the attorney must
sign where indicated. If the Petitioner IS NOT represented
by an attorney, the box next to “pro se” must be checked
under the Petitioner’s signature.
PAGE 5
PAGE 7
• The first paragraph on page 5 refers to attachments to the
Petition. Section 15-27-3(b) Ala. Code (1975) requires, as a
minimum, that petitioners include BOTH a certified record
relating to the charge from the local entity (either law
enforcement or court) AND a certified criminal record from
the state agency - the Alabama Law Enforcement Agency
(ALEA). Accordingly, this Petition will be processed even if
only the minimum information required under the statute is
supplied. HOWEVER, the expungement order may be
incomplete if the Court and the Alabama Law Enforcement
Agency are not made aware of the location of ALL records
therefore,
relating
recommended that the Petitioner attach to the Petition certified
copies of arrest, booking, or incarceration records from ALL
law enforcement agencies (city, county, and state), and
certified copies of case action summaries or dispositions from
ALL court clerks (municipal, district, and circuit) who may
hold records of any kind relating to the underlying case.
the underlying charge.
It
is,
to
• The second paragraph on page 5 corresponds to a section of
the statute which requires that petitioners specify the listed
items. A response is required as to each point. If any of the
items do not apply, the Petitioner must specify that they do not
• Section 15-27-3(b) Ala. Code (1975) requires the Petitioner
to serve the “district attorney, the law enforcement agency,
and clerk of court of the jurisdiction for which the records are
sought to be expunged.” The Petitioner is responsible for
providing the Court and ultimately the Alabama Law
Enforcement Agency with all the information necessary to
contact every court, law enforcement agency or other entity
in possession of records the Petitioner seeks to have
expunged.
• The Petitioner must certify to the Court that each of the
courts, agencies, or other entities holding records relating to
the underlying case has been served. Page 7 contains the
certification form for the courts, agencies, or other entities
served with this Petition and their addresses. Additional
pages may be attached if necessary.
• NOTE: Any information (including mailing addresses)
provided regarding courts, agencies, or other entities holding
records relating to the underlying case will expedite the
execution of an expungement order if one is entered. Without
such information, it may not be possible to locate records.