State of Alabama
Unified Judicial System
Form CR-65 7/2016
PETITION FOR EXPUNGEMENT OF
RECORDS
(Section 15-27-1 et seq., Code of Alabama 1975)
Case No.
(Assigned by Clerk)
IN THE CIRCUIT COURT OF , ALABAMA
(Name of County)
[ ] STATE OF ALABAMA
[ ] MUNICIPALITY OF v.
(Court of Jurisdiction of case to be expunged) (Defendant/Petitioner)
PETITIONER
(Last Name) (First Name) (Middle Name)
(Address)
(Phone Number) (Email)
XXX XX -
(Social Security Number, Last four digits only)
CASE NUMBER TO BE EXPUNGED _________________________________
CHARGE 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:
(Check ONLY one (1) of the five (5) options listed below; If none apply, charge is not eligible for expungement)
[ ] a misdemeanor criminal offense,
[ ] a violation,
[ ] a traffic violation,
[ ] a municipal ordinance violation,
[ ] a non-violent felony,
I hereby file this Petition with the Circuit Court to expunge records relating to the above charge because:
(Check ONLY one (1) of the seven (7) options listed below; If none apply, charge is not eligible for expungement)
[ ] The charge was dismissed with prejudice.
[ ] The charge was no billed by a grand jury.
[ ] I was found not guilty of the charge.
[ ] (Non-felony only) The charge was dismissed without prejudice more than two years ago, was not 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.
[ ] (Non-violent felony only) 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. More than one year has passed from the successful completion of the program.
[ ] (Non-violent felony only) The charge was dismissed without prejudice more than five years ago, was not
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.
[ ] (Non-violent felony only) Ninety days have passed from the date of dismissal with prejudice, no-bill,
acquittal, or nolle prosequi and the charge has not been refiled.
State of Alabama
Unified Judicial System
Form CR-65 7/2016
Page 2.
PETITION FOR EXPUNGEMENT OF
RECORDS
(Section 15-27-1 et seq., Code of Alabama 1975)
Case No.
Attached to this Petition is: (Petition must include either item 1 or item 2; All Petitions must include item 3.)
[ ] (1) a certified record of arrest from the appropriate agency for the court record I seek to have
expunged,
[ ] (2) 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;
[ ] (3) a certified official criminal record obtained from the Alabama Law Enforcement Agency (ALEA),
I am providing the following additional information as required by Ala. Code 1975, § 15-27-1 et seq.:
(Petitioner must specify each of the following:)
1. Criminal charge 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 Victims 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
Form CR-65 7/2016
Page 3.
FOR EXPUNGEMENT OF RECORDS
(Section 15-27-1 et seq., Code of Alabama 1975)
Case No.
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 Ala. Code 1975, § 15-27-1 et seq.
(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 case number
.That previous petition for expungement was [ ] granted [ ] denied.
Signature of Petitioner/Affiant
[ ] pro se (Not represented by an attorney)
Personally appeared before the undersigned, an officer duly authorized to administer oaths,
, Petitioner named in the foregoing Petition, who being duly sworn,
states that the facts set forth in the foregoing Petition are true and correct to the best of their information and
belief.
Sworn To And Subscribed Before Me This:
Date
Person Authorized to Administer Oaths or Notary Public
Name of Attorney Bar No.
Signature of Attorney
Business Address of Attorney
City State Zip Code
Telephone
Email Address
State of Alabama
Unified Judicial System
Form CR-65 7/2016
Page 4.
PETITION FOR EXPUNGEMENT OF
RECORDS
(Certificate of Service)
(Section 15-27-1 et seq., Code of Alabama 1975)
Case No.
(This page is a form Certificate of Service that can be used by the petitioner to serve the statutorily required parties as well as any
entities holding records the Petitioner wants expunged. A separate form should be completely filled out and signed by the person
who actually served the party. Include as many copies of this page as necessary to show service on all required parties.
NOTE: Records held by parties who are not served may not be successfully expunged, or expungement may be substantially delayed.
Please understand, if you do not provide the name and address of any agency 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.)
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):
[ ] District Attorney [ ] Municipal Chief of Police [ ] Sheriff [ ] State Troopers (Dir. 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: ___________________________________ Phone:_____________________________.
___________________________________
DATED this ____ day of _____________, 20___.
METHOD OF SERVICE __ Personal __ Sheriff __ Other_________________
____________________________________________Petitioner’s/Server’s Signature
Petitioner’s/Server’s Address: ________________________________________; Phone: __________________________
________________________________________
State of Alabama
Unified Judicial System
Form CR-65 7/2016
Page 5.
PETITION FOR EXPUNGEMENT OF
RECORDS
(Instructions for Petitioner)
(Section 15-27-1 et seq., Code of Alabama 1975)
PAGE 1
The Petitioner must fully complete the entire title section
(above the black line) of the Petition.
The first line refers to the circuit court of the county in which
the Petition is to be filedthe Petition must be filed in the
county where the Petitioner was arrested or where the case was
disposed. For example: A municipal case in Huntsville, AL
would be properly filed in the Circuit Court of Madison
County.
The second line must match the title of the underlying case
the case the Petitioner is petitioning to have expunged.
The “Petitioner” section must be completed in full with the
Petitioner’s CURRENT contact information.
The Petitioner must list the full case number of the underlying
casethe 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.
The bottom half of the page asks two qualifying questions
about the underlying case. Cases eligible for expungement
satisfy one of the options completing the first statement AS
WELL AS one of the options completing the second
statement. Note that some of the options completing the
second statement are limited to certain circumstances. The
Petitioner must check one, and only one, option to complete
each of the two statements.
PAGE 2
The first paragraph on page 2 refers to attachments to the
Petition. Ala. Code § 15-27-3(b) 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). Accordingly, this
Petition will be processed even if only the minimum
information required under the statute is supplied;
HOWEVER, the expungement order may be impossible to
fully carry out if the Court and the Alabama Law Enforcement
Agency are not made aware of the location of ALL records
relating to the underlying charge. It is, therefore,
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 second paragraph on page 2 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 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 2 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 3
The final page 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 notary public.
At the bottom of page 3 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, pro se must be indicated under the
Petitioner’s signature.
PAGE 4
Ala. Code § 15-27-3(c) 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 relied upon to provide the
Court and ultimately the Alabama Law Enforcement Agency
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 4 is a form
certification 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.