Alabama Felonies, Misdemeanors, and Infractions

In Alabama, crimes are categorized as felonies, misdemeanors, and infractions. This categorization is based on the severity of the offense and its associated penalties, determining how the crime is tried in Alabama state courts. Felonies are considered the most serious crimes in Alabama. Penalties range from more than one year in prison up to life imprisonment or, for the most severe offenses, the death penalty. Misdemeanors are typically less serious crimes, and the accompanying penalties for committing misdemeanors are less severe than those for felonies. Violations (referred to as infractions in other states) are technically not considered crimes because they do not appear in the criminal record. They are mostly traffic offenses. Alongside the classification of criminal records, Alabama law establishes statutes of limitations that define the time frame within which prosecutors can bring charges in the state.

What is a Felony in Alabama?

Section 13A–1–2(8) of the Code of Alabama defines a felony as an offense punishable by imprisonment for more than one year. The jail sentence imposed by the court for a felony may be any duration over one year, depending on the severity of the offense. Section 13A–5–3 classifies felony offenses into four categories. Section 13A–5–6 recommends potential jail terms for each category, while Section 13A–5–11 outlines potential fine limits for each category. The various felony classes and their associated recommended punishments generally are:

• Class A Felonies: This category comprises the most serious offenses, punishable by imprisonment for a minimum of 10 years and up to life imprisonment or 99 years. A fine of up to $60,000 may also be imposed.
• Class B Felonies: Crimes in this category are punishable by imprisonment for a term of 2 to 20 years. A fine of up to $30,000 may also be imposed.
• Class C Felonies: Punishable by a jail term of 1 year and 1 day up to 10 years. A fine of up to $15,000 may also be imposed.
• Class D Felonies: This is the least severe felony category, punishable by imprisonment for 1 year and 1 day up to 5 years. A fine of up to $7,500 may also be imposed.

Habitual Offenders and Sentencing Range

Under the Habitual Felony Offender Act (Section 13A–5–9), individuals with prior convictions for felonies face harsher penalties; the more prior convictions, the higher the sentencing range.

• With one prior felony (Class A to C), a new Class B felony will be upgraded to Class A punishment. Likewise, a new Class A felony carries a sentence of 15 to 99 years or life imprisonment.
• With two prior felonies (Class A to C), a new Class C felony is upgraded to Class A punishment. A new Class B felony carries a sentence of 15 to 99 years or life imprisonment, and a new Class A felony carries a minimum sentence of 99 years up to life imprisonment.
• With three prior felonies (Class A to C), a new Class C felony carries a prison term of 15 to 99 years or life, while a new Class B felony requires at least 20 years up to life. For a new Class A felony, if the defendant has no prior Class A convictions, the punishment is life imprisonment or life without parole at the judge’s discretion. If the defendant has one or more prior Class A convictions, the punishment is mandatory life without parole.
• With four or more prior felonies (Class A to C), the law treats the offender the same as if they had three prior convictions. This means that a Class C felony carries a sentence of 15 to 99 years or life, a Class B felony requires at least 20 years up to life, and a Class A felony results in life imprisonment or life without parole (mandatory life without parole if there are prior Class A convictions).

What Are Some Examples Of Felonies In Alabama?

Some common crimes in the different felony categories in Alabama are as follows:

Class A Felonies

• Murder
• First-degree rape (§ 13A-6-61)
• First-degree burglary (§ 13A-7-5)
• First-degree arson (§ 13A-7-41)
• First-degree kidnapping (§ 13A-6-43)

Class B Felonies

• Manslaughter (depending on circumstances)
• First-degree assault (e.g., causing serious injury by a dangerous weapon)
• Unlawful drug distribution (severity and class depend on the drug and the amount)
• Second-degree kidnapping
• Robbery (depending on degree/aggravating factors)

Class C Felonies

• Unlawful possession of controlled substances
• Sexual abuse in the first degree (§ 13A-6-66)
• Bribery
• Receiving stolen property (value range per § 13A-8-18)
• Interfering with custody rights

Class D Felonies

• Third-degree forgery (§ 13A-9-3.1)
• Illegal possession or fraudulent use of a credit/debit card
• Theft of lost property exceeding $500 but less than or equal to $1,499 (§ 13A-8-8.1)
• Receiving stolen property in the third degree (§ 13A-8-18.1)
• Theft of services between $500 and $1,499 (§ 13A-8-10.25)

Per Section 15–3–5 of the Code of Alabama, Alabama prosecutors may file criminal charges for certain crimes at any time. Felony offenses with no statute of limitations include:

• Any capital offense
• Any felony involving the use of violence or the threat of violence against a person
• A felony that resulted in the death or caused serious injury to a person.
• A sex offense involving a victim aged 16 years or below
• A felony involving arson, forgery, counterfeiting, and drug trafficking

Other felonies not included above generally have a five-year criminal statute of limitations, unless otherwise stated for a particular crime in the statutes.

Can I get a Felony Removed from a Court Record in Alabama?

In Alabama, felonies can be expunged from court records, but it comes with very severe restrictions. Alabama’s Law Enforcement Agency (ALEA) made it clear that only felony charges that were dismissed (with or without prejudice), or cases that the majority of the jurors voted against indictment (no-billed), or those in which the defendant was found not guilty, may be expunged. In Alabama, felony convictions cannot be expunged. Charges for violent felony cases were initially not eligible for expungement under Section 15–27–2 of the Code of Alabama.

Violent crimes under Alabama law, as outlined in Code § 13A-11-70(2), generally prevent expungement if they resulted in a conviction. However, charges for such crimes may still be expunged if they were dismissed, no-billed, or resulted in an acquittal.

The 2017 amendment (Act 2017-377) expanded expungement eligibility to include certain felony charges (not convictions), even if they originated from violence. However, convictions for violent felonies still do not qualify for expungement except for trafficking victims.

For felony charges that were dismissed without prejudice, the defendant is expected to undergo a five-year waiting period and ensure that the case has not been re-filed at any court before applying for expungement. Also, the petitioner is expected not to have any new cases in their record (be it a felony, misdemeanor, or major traffic violations).

Regarding felony charges that have been dismissed with prejudice, the defendant is typically required to wait 90 days after the case has been dismissed and also verify that it has not been refiled. For cases dismissed following the completion of a drug court program, mental health court program, or any court-mandated deferred prosecution program, the defendant generally needs to wait one year after completing such a program before filing to expunge the record.

To apply for an expungement, the petitioner is expected to approach the circuit court in the county where the offenses were charged. Not every expungement request is automatically approved by the court. The state has the right to appeal, and the court will make the final decision.

Is Expungement The Same As Sealing Court Records In Alabama?

Expungement and sealing are not the same in Alabama. Alabama law (Ala. Code § 15-27) offers an adult record-relief remedy, rather than a record sealing option, similar to those in some other states. In other words, the law does not establish a separate "sealing" process that differs from expungement; instead, it focuses on expungement (removing records from public view) with limited exceptions for certain disclosures.

Once a court grants an expungement, it instructs government agencies to remove public access to the information and send all relevant records to the Alabama Law Enforcement Agency (ALEA) for retention and storage. From a public perspective, the records are treated as if they never existed. However, criminal justice agencies may retain some investigative or internal files pursuant to § 15-27-10. Additionally, some agencies, such as regulators, utilities, and financial institutions, may access expunged records after notifying the court.

How Long Does a Felony Stay on Your Record in Alabama?

The length of time a felony record remains on an individual's record depends on whether it involves felony charges (not convictions) or felony convictions.

Felony convictions: As of September 2025, interested petitioners cannot expunge felony convictions unless they are the result of human trafficking. Such individuals are expected to provide evidence that they committed the crime while being trafficked (§ 15-27-1(b), Code of Alabama).

Felony charges: Individuals who were charged with a felony but the case was subsequently dismissed (with or without prejudice), no-billed by a grand jury, or found not guilty, may petition the court for expungement of the associated charge records after the required waiting period (§ 15-27-2, Code of Alabama).

What is a Misdemeanor in Alabama?

The state of Alabama defines a Misdemeanor in Section 13A–1–2(9) as those offenses that are punishable by a jail term for a period not exceeding 1 year. They are not as serious as felonies, but are still crimes that violate the law. The Code of Alabama categorizes misdemeanors into classes based on the gravity of the offense and the severity of the penalty to be served. The classes of Misdemeanors are:

• Class A Misdemeanors: Crimes in this category are punishable by a jail term of up to one year and/or a fine of up to $6,000.
• Class B Misdemeanors: This category encompasses offenses that carry a jail term of up to six months, a fine of up to $3,000, or both, as the court deems appropriate.
• Class C Misdemeanors: Crimes in this class are punished by a jail term of up to three months and/or a fine of up to $500.

What are some examples of Misdemeanors in Alabama?

Examples of common crimes in the different misdemeanor categories are as follows:

Class A misdemeanors

• Theft of property in the fourth degree
• Indecent exposure (Class C felony on third or subsequent convictions).
• Possession/use of drug paraphernalia
• Sexual misconduct
• Criminal trespass in the first degree
• Obtaining a signature by deception
• Cruelty to animals.
• False reporting to law enforcement
• Criminal mischief in the second degree
• Unauthorized use of a vehicle
• Contributing to the delinquency

Class B misdemeanors

• Resisting arrest
• Unlawful assembly
• Tampering with a witness
• Open house party
• Simulating legal process
• Criminal mischief in the third degree

Class C misdemeanors

• Disorderly conduct
• Harassment (basic form)
• Criminal trespass in the second degree
• Public lewdness

Can I Get a Misdemeanor Removed from a Record in Alabama?

Per Ala. Code § 15-27-1 et seq. (Alabama expungement law), misdemeanor charges and some misdemeanor convictions (since 2021) may be eligible for expungement.

Misdemeanor Charges

Individuals who have had their misdemeanor or felony charges dismissed with prejudice, no-billed, or resulted in an acquittal / not guilty verdict may petition for expungement 90 days after the case ends.

Those who had their misdemeanor charges dismissed without prejudice are expected to undergo a one-year waiting period (reduced from two years by the 2021 REDEEMER Act), provided the charge was not refiled and there are no new convictions. Applicants seeking the expungement of felonies are expected to wait five years with no new convictions or refiled charges.

Misdemeanor Convictions

Since July 2021, interested persons may file for the expungement of some misdemeanor convictions, provided they meet the following requirements:

• Completion of all their sentences,
• Payment of all associated probation/parole fees
• Payment of fines, court charges, fees, and restitution
• Undergone a 3-year waiting period (from conviction date before filing for expungement)
• Absence of any other misdemeanor or felony convictions within the last 3 years
• The offense is not on an exclusion list (violent, sex-related, serious DUI, etc.)

Can a DUI Be Expunged in Alabama?

Under Alabama law, DUI arrests that result in convictions do not qualify for. However, DUI charges that result in dismissal, no-bill, or acquittal may be eligible for expungement under the same rules that apply to other non-conviction cases (e.g., a 90-day waiting period for dismissals with prejudice).

Expungement of non-conviction DUI charges (dismissals, acquittals, no-bills) is not automatic; interested parties are expected to file a Petition for Expungement of Records in the circuit court and meet all eligibility rules under § 15-27.

What constitutes an Infraction in Alabama?

Section 13A–1–2(16) of the Alabama Code defines infractions (legally known as violations in Alabama) as any offense punishable by up to 30 days in prison. However, Alabama’s § 13A-5-12(b) mandates that violations carry a fine not exceeding $200, rather than a prison term. Compared to misdemeanors and felonies, infractions (or violations) are not ranked by degree or severity; these are typically minor offenses, such as traffic or ordinance violations.

What are some examples of Infractions in Alabama?

Some examples of violations in Alabama include:

• Criminal trespass in the third degree
• Common traffic violations (infractions), including many moving violations (red light, illegal U-turn, failure to yield, speed penalties) under Title 12, § 12-12-55.

Can Infractions be Expunged from an Alabama Criminal Court Record?

Under Section 15-27-1 of the Alabama Code, individuals charged with violations, including traffic and municipal violations, may petition for the expungement of records relating to the charge under specific conditions. Such circumstances include when charges are:

• Dismissed with prejudice
• No-billed by a grand jury
• Result in acquittal
• Nolle prossed without conditions
• Quashed indictments where refile is barred
• Dismissed after completion of court-approved programs
• Dismissed without prejudice more than one year ago (with no refiling and no new convictions)

Subsection (b) also allows petitions for expungement of convictions for misdemeanors, violations, traffic violations, or municipal ordinance offenses, when:

• All sentencing requirements are satisfied
• At least three years have passed
• The conviction is for a non-violent offense, a sex offense, a moral turpitude offense, or a serious traffic violation.

What is Deferred Adjudication in Alabama?

Alabama does not officially use the term "deferred adjudication" as other states do. Instead, the state has a variety of pretrial diversion/deferred prosecution/deferral programs used by district attorneys and courts to withhold prosecution or delay adjudication under specified terms.

In Alabama, the power to divert or withhold prosecution and mandate conditions lies with the District Attorney, pursuant to Alabama Code § 45-8-40, under preprosecution or pretrial diversion programs.

Under the conditions set for participating in these special programs ((§ 12-17-226.10 sets many possible conditions)), participants are expected to:

• Admit their fault or role in the offense
• Waive their right to a speedy trial
• Check in regularly with a supervisor
• Pay restitution (money back to victims for losses)
• Attend counseling or treatment (for substance abuse, anger management, etc.)
• Undertake community service
• Take drug or alcohol tests
• Pay program fees and court costs

Upon completion of the program, defendants who successfully fulfill all terms may file to dismiss or "nolle prosequi" the charge. The prosecution dismisses the charge, and the court does not enter a conviction on the record. However, suppose the specified requirements are not fulfilled. In that case, the offender is expected to return to court to face prosecution and sentencing as if the diversion never happened.

In most cases, Alabama's programs (pretrial diversion/deferred prosecution/deferral) are limited to first-time offenders or nonviolent offenses. Individuals charged with serious and violent offenses, including crimes involving children or serious injury, are ineligible for these programs. Title 32, § 32-6-49.23 expressly bars holders of commercial driver's license (CDL) from partaking in deferred prosecution for traffic violations.

Types of Crimes Eligible for Deferred Adjudication in Alabama

In Alabama, the Pretrial Diversion Program, also known as the First-Offender Program, corresponds to what other states refer to as "deferred adjudication". These programs are governed by Alabama. Code § 12-17-226 et seq. and other associated statutes. These special programs are designed to offer first-time or nonviolent offenders the opportunity to avoid a conviction by meeting program conditions such as restitution, counseling, or community service.
Eligibility typically depends on:

• Whether the offense is nonviolent
• Whether the defendant is a first-time offender
• Approval by the prosecutor and the court
• Exclusion of serious felonies (such as violent crimes, sex offenses, or crimes involving children)

Defendants who successfully complete the program may have their charges dismissed; otherwise, prosecution resumes.