State of Alabama
Unified Judicial System
Form CR-65 Rev. 8/2017
Page 5.
PETITION FOR EXPUNGEMENT OF
RECORDS
(Instructions for Petitioner)
(Section 15-27-1 et seq., Ala. Code 1975)
Court Case Number
PAGE 1
• 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.
• 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.
• 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. 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
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
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
Petition is true and correct and that the Petitioner is eligible
for expunge
ment, 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
administer oaths or a 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, the box next to “pro se” must be checked
under the Petitioner’s signature.
PAGE 4
• 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
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
courts, agencies, or other entities holding records relating to
the underlying case has been served. Page 4
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. Without
such information, it may not be possible to locate records.