Crimes of Moral Turpitude in Alabama: Offenses, Voting, and Firearms

Crimes of moral turpitude in Alabama are a specific set of roughly 56 felonies listed in Alabama Code § 17-3-30.1, and a conviction for any one of them carries consequences that reach well past the sentence itself: loss of voting rights, a federal firearms ban, immigration exposure for non-citizens, and a nearly closed door on expungement. The list is exclusive. If a felony is not on it, it does not carry the moral turpitude label for Alabama civil-consequence purposes, no matter how serious the offense sounds.

Which Offenses Alabama Treats as Crimes of Moral Turpitude

Section 17-3-30.1 enumerates the qualifying felonies and groups them by category. The list was most recently amended by Act 2024-341. The major groupings are below; a few offenses within each category are not individually named here.

Violent offenses against persons on the list include capital murder, murder, and manslaughter (with narrow exceptions for certain reckless-conduct provisions); first- and second-degree assault; first- and second-degree kidnapping; first- and second-degree domestic violence, plus domestic violence by strangulation or suffocation; aggravated stalking; elder abuse; first- and second-degree human trafficking; and robbery in all three degrees.

Sex offenses on the list include first- and second-degree rape; first- and second-degree sodomy; sexual torture; first- and second-degree sexual abuse and sexual abuse of a child under 12; and a group of child exploitation offenses covering enticing a child for immoral purposes, electronic solicitation of a child, traveling to meet a child for an unlawful sex act, and related facilitation offenses.

Public-safety offenses include committing, soliciting support for, or hindering prosecution of terrorism; possessing, manufacturing, or distributing explosive devices, biological weapons, or bacteriological weapons; endangering the water supply; and treason.

On the drug side, trafficking in cannabis, cocaine, amphetamine, methamphetamine, or other controlled substances qualifies. Simple drug possession does not.

The absences matter as much as the inclusions. General theft of property, arson, and burglary do not appear on the § 17-3-30.1 list, even though many people assume property crimes automatically qualify. Subsection (f) is explicit: “the felonies involving moral turpitude listed in subsection (c) are the only felonies for which an individual, upon conviction, may be disqualified from voting.”¹

Loss of Voting Rights and How to Restore Them

Section 177 of the Constitution of Alabama of 2022 strips voting rights only for conviction of a felony involving moral turpitude.¹ That is why the statutory list exists. Before the legislature enacted it, neither individuals nor election officials had a reliable way to know which felonies qualified. A felony drug possession conviction will not strip your voting rights; a drug trafficking conviction will.

Restoration runs through the Alabama Bureau of Pardons and Paroles. The Bureau issues a Certificate of Eligibility to Register to Vote (CERV) and also grants full pardons. To be considered for a pardon, you must have completed your sentence or successfully served at least three years on parole.² If the Board grants a pardon, it separately decides whether to restore any or all civil and political rights lost because of the conviction. A pardon does not erase the conviction from your record.

The Federal Firearms Ban

Federal law prohibits anyone convicted of a crime punishable by imprisonment for more than one year from possessing, shipping, or receiving a firearm or ammunition.³ Virtually every offense on Alabama’s moral turpitude list carries a potential sentence above one year, so a conviction functions as a lifetime federal firearms ban. What matters is the maximum sentence the law allows, not the sentence you actually received.

A separate federal provision bans firearm possession for anyone convicted of a misdemeanor crime of domestic violence, even where the offense is not a felony and does not appear on Alabama’s moral turpitude list.⁴ The ban can potentially be lifted if the conviction is pardoned, expunged, or civil rights are restored, unless the pardon or restoration specifically says firearms remain off-limits. The interaction between an Alabama pardon and federal firearms law is complicated enough to warrant legal counsel.

Immigration Consequences for Non-Citizens

An Alabama moral turpitude conviction triggers two separate dangers under federal immigration law. Either one alone can end a non-citizen’s ability to remain in the country.

A non-citizen convicted of, or who admits to committing, a crime involving moral turpitude is generally inadmissible under INA § 212(a)(2)(A)(i)(I), which affects visa applications from abroad and adjustment of status inside the country.⁵ Separately, a non-citizen already admitted is deportable if convicted of a moral turpitude crime committed within five years of admission that carries a potential sentence of one year or more, or if convicted of two or more such crimes at any time after admission (as long as they did not arise from a single scheme of criminal misconduct).⁶

The Petty Offense Exception

Federal law carves out a narrow exception from inadmissibility. All three conditions must be met: you have only one qualifying conviction, the maximum possible sentence did not exceed one year, and you were not actually sentenced to more than six months. Because most Alabama felonies on the list carry potential sentences well above one year, this exception rarely helps. A separate exception exists for offenses committed before age 18, provided five years have passed since the conviction and any release from confinement.⁷

Not the Same as an Aggravated Felony

“Crime involving moral turpitude” and “aggravated felony” are separate federal immigration categories. A single conviction can fall into both, one, or neither. Aggravated felonies carry even harsher consequences, including a near-total bar on most forms of relief from deportation. The classification is made by federal authorities applying federal standards, not Alabama law, so an immigration attorney is essential for evaluating any specific conviction.

Expungement Is Mostly Off the Table

Alabama generally does not allow expungement of convictions for offenses listed as crimes involving moral turpitude under § 17-3-30.1.⁸ A pardon with full restoration of civil rights still leaves the conviction visible on background checks.

One narrow exception: if the offense was classified as a felony at the time of conviction but has since been reclassified as a misdemeanor under Act 2015-185, you may petition for expungement, provided you have had no arrests other than minor traffic violations during the 15 years before filing.⁸

Charges that never produced a conviction follow much friendlier rules. Dismissals, grand jury no-bills, acquittals, and nolle prosequi dispositions become eligible for expungement after 90 days, and charges dismissed after successful completion of drug court, mental health court, or a diversion program are also eligible.⁸ That gap between a conviction outcome and a non-conviction outcome is enormous, which is why plea negotiations in moral turpitude cases carry such high stakes.

Professional Licensing After a Conviction

Alabama Code § 41-9A-2 limits how occupational licensing boards may use criminal history. A board cannot deny an application based on a conviction that is not directly related to the duties of the profession, a conviction that has been pardoned or expunged, an arrest that did not result in a conviction, or a general finding that the applicant lacks “good moral character.”⁹

Where a conviction is potentially related to the profession, the board must weigh the nature and seriousness of the crime, the specific duties the license covers, your age at the time of the offense, how much time has passed, and evidence of rehabilitation.⁹ That individualized assessment is a meaningful protection, especially for older convictions followed by rehabilitation.

The statute has exceptions. Licensing requirements imposed by interstate compacts, federal law, and certain Alabama titles covering insurance, banking, and commercial law are not subject to these protections.⁹ The Alabama State Bar, medical boards, and similar bodies operating under their own statutory authority may apply different standards, and a fraud conviction will remain a serious obstacle for anyone seeking admission to the bar, because the connection between dishonesty and the practice of law is direct.

1
Alabama Legislature. Alabama Code 17-3-30.1 – Disqualification of Electors for Felonies Involving Moral Turpitude
2
Alabama Administrative Code. Alabama Administrative Code Rule 640-X-7-.01 – Pardons
3
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
4
Legal Information Institute. 18 USC 921(a)(33) – Definition: Misdemeanor Crime of Domestic Violence
5
U.S. Department of State. 9 FAM 302.3 – Ineligibility Based on Criminal Activity, Criminal Convictions and Related Activities
6
Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens
7
Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens
8
Alabama Legislature. Alabama Code 15-27-2 – Petition to Expunge Records – Felony Offense
9
Alabama Legislature. Alabama Code 41-9A-2 – Improper Grounds for Denial of Application for License