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

Crimes of moral turpitude in Alabama are the specific felonies the legislature has designated as inherently dishonest, violent, or depraved, and the list lives in Alabama Code § 17-3-30.1. Roughly 56 offenses qualify, grouped around homicide, sex crimes, serious violence, trafficking, terrorism, and drug trafficking. The label matters because it triggers consequences that outlast any prison sentence: loss of voting rights, deportation exposure for non-citizens, a federal firearms ban, licensing barriers, and a near-total block on expungement.

Which Alabama Felonies Count as Crimes of Moral Turpitude

Section 17-3-30.1 is exclusive. Subsection (f) states that “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 If a felony isn’t on the list, it doesn’t carry CIMT voter-disqualification consequences, no matter how serious it sounds. The list was last amended by Act 2024-341.

The major categories:

Violent offenses against persons. 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. Robbery in all three degrees.

Sex offenses. 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. 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.

Terrorism and public safety. Committing, soliciting support for, or hindering prosecution of terrorism. Possessing, manufacturing, or distributing explosive devices, biological weapons, or bacteriological weapons. Endangering the water supply. Treason.

Drug trafficking. Trafficking in cannabis, cocaine, amphetamine, methamphetamine, or other controlled substances. Simple felony drug possession is not on the list.

Several felonies people expect to see are absent. General theft of property, arson, and burglary do not appear on the § 17-3-30.1 list. That absence has real consequences: a felony drug possession conviction, for instance, will not cost you your voting rights, while a drug trafficking conviction will.

Losing and Restoring the Right to Vote

Section 177 of the Constitution of Alabama of 2022 provides that Alabama citizens lose the right to vote only when convicted of a felony involving moral turpitude.¹ The statutory list controls that determination.

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 either completed your sentence or successfully served at least three years on parole.² When 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. It documents rehabilitation and can unlock rights that were forfeited.

Immigration Consequences for Non-Citizens

An Alabama CIMT conviction creates two distinct problems under federal immigration law. Either one can end a non-citizen’s ability to stay.

Inadmissibility comes first. A non-citizen who has been convicted of, or admits to committing, a crime involving moral turpitude is generally ineligible for a visa or admission to the United States under INA § 212(a)(2)(A)(i)(I).³ This applies whether the person is applying from abroad or seeking adjustment of status inside the country.

Deportability is the second exposure. A non-citizen already admitted is deportable if convicted of a CIMT committed within five years of admission, provided the crime carries a potential sentence of one year or more. Separately, a non-citizen with two or more CIMT convictions at any time after admission is deportable regardless of when the crimes occurred, so long as the convictions did not arise from a single scheme of criminal misconduct.⁴

The Petty Offense Exception

Federal law carves out a narrow exception that can save a non-citizen from inadmissibility for a single CIMT conviction. All three conditions must be met: you have only one CIMT conviction, the maximum possible sentence for the offense did not exceed one year of imprisonment, and you were not actually sentenced to more than six months. Most Alabama felonies on the CIMT list carry potential sentences well above one year, so this exception rarely helps. A separate exception exists for offenses committed when the person was under 18, provided five years have passed since the conviction and any release from confinement.⁵

CIMT Is Not the Same as Aggravated Felony

CIMT and “aggravated felony” are separate immigration categories with different consequences. A single conviction can fall into both, one, or neither. Aggravated felonies carry harsher consequences, including a near-total bar on most forms of relief from deportation. Federal authorities apply federal standards to make these determinations, not Alabama law, so an immigration attorney should evaluate any specific Alabama conviction.

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.⁶ Because virtually every felony on Alabama’s CIMT list carries a potential sentence exceeding one year, a CIMT conviction effectively creates a lifetime federal firearms ban. What matters is the maximum sentence the law allows, not the sentence actually imposed.

A separate federal provision bans firearm possession for anyone convicted of a misdemeanor crime of domestic violence.⁷ A misdemeanor domestic violence conviction won’t appear on Alabama’s CIMT list, but it can still trigger the federal ban if it involved the use or attempted use of physical force against a spouse, former spouse, co-parent, or someone in a similar domestic relationship.

The ban can potentially be lifted if the conviction is pardoned, expunged, or the person’s civil rights are restored, unless the pardon or restoration specifically says the person may not possess firearms. For Alabama CIMT convictions, a pardon from the Board of Pardons and Paroles that restores all civil and political rights could remove the federal firearm disability. The interaction between state pardons and federal firearms law is complicated enough to warrant legal counsel.

Professional Licensing and Employment

Alabama’s licensing reform statute, Code § 41-9A-2, limits how occupational licensing boards can 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.”⁸

When a board considers a conviction that is potentially related to the profession, it must weigh several factors on a case-by-case basis: 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 any evidence of rehabilitation.⁸ That individualized assessment matters. Someone with a decades-old conviction who has since obtained education and demonstrated rehabilitation has a much stronger case than the blanket disqualification many applicants expect.

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.⁸ The Alabama State Bar, medical boards, and similar bodies operating under their own statutory authority may apply different standards. A CIMT conviction for fraud will remain a serious obstacle to bar admission, because the link between dishonesty and the practice of law is direct.

Federal and Private Employment

The Fair Chance to Compete for Jobs Act prohibits federal agencies and their contractors from asking about criminal history before extending a conditional job offer, with exceptions for positions requiring security clearances, sensitive national security roles, and federal law enforcement positions.⁹

In the private sector, the EEOC takes the position that blanket policies excluding applicants based on criminal history can violate Title VII if they disproportionately affect people of a particular race or national origin and are not job-related and consistent with business necessity.¹⁰ An arrest alone does not establish criminal conduct, and an employer generally cannot use an arrest record by itself to disqualify you. Even conviction records should prompt an individualized assessment rather than automatic rejection.

Why Expungement Almost Never Works

Alabama generally does not allow expungement of convictions for offenses listed as crimes involving moral turpitude under § 17-3-30.1.¹¹ Even with a pardon and full restoration of civil rights, the conviction stays on your record and continues to show up on background checks.

One narrow exception exists. If the crime you were convicted of 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. To qualify, you must not have been arrested for any offense other than minor traffic violations during the 15 years before filing the petition.¹¹

For charges that never became convictions, the rules are much more generous. Dismissed charges, grand jury no-bills, acquittals, and nolle prosequi dispositions can all be expunged after 90 days. Charges dismissed following successful completion of drug court, mental health court, or a diversion program are also eligible.¹¹ That gap between a conviction and a non-conviction outcome is why plea negotiations in CIMT cases carry such high stakes. Once a CIMT conviction is entered, most of its consequences are permanent.

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
U.S. Department of State. 9 FAM 302.3 – Ineligibility Based on Criminal Activity, Criminal Convictions and Related Activities
4
Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens
5
Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens
6
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
7
Legal Information Institute. 18 USC 921(a)(33) – Definition: Misdemeanor Crime of Domestic Violence
8
Alabama Legislature. Alabama Code 41-9A-2 – Improper Grounds for Denial of Application for License
9
Defense Finance and Accounting Service. Fair Chance to Compete for Jobs Act
10
U.S. Equal Employment Opportunity Commission. Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act
11
Alabama Legislature. Alabama Code 15-27-2 – Petition to Expunge Records – Felony Offense