ALABAMA EXPUNGEMENT LAWYERS
What is expungement in Alabama?
The removal of criminal charges from a person’s criminal history record accessible for public purposes, such as an employee background check. Expungement is not applicable to a criminal conviction or any violation of the statutes, rules or regulations of the Alabama Securities Commission. Any expunged records are still available to the court or law enforcement.
Can my conviction in alabama Be Expunged?
Unfortunately, convictions—no matter how old—can be expunged in Alabama. Only charges for non-felonies or non-violent felonies under certain circumstances may be expunged.
What Types Arrest Records Can Be Expunged in Alabama?
Qualified Charges for Expungement
A non-felony charge (a misdemeanor criminal offense, a violation, a traffic violation OR a municipal ordinance violation) may be expunged if one of the following criteria are met:
the charge was dismissed with prejudice
the charge was no billed by a grand jury
the defendant was found not guilty of the charge
the charge was dismissed without prejudice more than two years ago, has not been refiled, and the defendant has 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
A non-violent felony charge may be expunged if:
if 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
ninety days have passed from the date of dismissal with prejudice, no-bill, acquittal, or
nolle prosequi and the charge has not been refiled
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 AND more than one year has passed from the successful completion of the program
the charge was dismissed with prejudice
the charge was no billed by a grand jury
the defendant was found not guilty of the charge
Who should you hire for your expungment case?
First, look for attorney's qualifications. The National Trial Lawyers Associations selected Dani Bone as a Top 100 Lawyer in the Country for 2018. The National Trial Lawyers Associations selected Sam Bone as a Top 40 Lawyer Under 40 for 2015.
Next, look at our reviews online for our services and compare them to other attorneys in the area to decide whether we should be your lawyer.
Which Court In Alabama Will My Petition For Expungement Be Filed?
The Expungement Petition is filed with the Circuit Court of the county where the arrest for the charge seeking to be expunged was filed.
how do you file for expungement in alabama?
A petitioner may file for the expungement of criminal charge in the Circuit Court of the jurisdiction where the original charge was filed. After filing a petition, a petitioner may only request expungement for one charge per petition, and that charge must be specifically identified through the submission of certified documents.
If the court grants the petition for expungement, each agency that maintains any record related to the expunged charge must forward all such records to ALEA. ALEA will digitally store any records received and destroy physical records. The expunged information is then sealed and separated from the official criminal history record. Please note, there are a few exceptions for accessing the official criminal history record for law enforcement purposes. Therefore, any expunged record is no longer part of a person's criminal record for public purposes.
WHAT DO I NEED FOR AN EXPUNGEMENT?
What files do I need to file for an expungement?
Files required to file for an expungement
a certified criminal history record from ALEA (see below)
AND one of the following:
a certified record of arrest from the appropriate law enforcement agency for the court record
a certified record of disposition from the appropriate court for the court record
a certified record of the case action summary from the appropriate court for the court record
How do I get a certified Criminal History Record in Alabama?
Requirements for a certified Criminal History Record from the ALEA Records and Identification
Division
completely fill out the request form (Section C)
an official set of the petitioner’s fingerprints that may be obtained from ALEA Headquarters in Montgomery or a local law enforcement agency
a copy of the petitioner’s photo ID
$25 ($5.00 for each additional copy)
What if my official criminal history record does not show a charge for an offense that I know I have received?
Not all charges show up on a person’s criminal history record for a variety of reasons. Older records were not always sent to ALEA for entry into the state’s criminal history database. Some charges are not automated in which case procedures have been put in place to catch these files while being converted to electronic format. Some records have not yet been sent to ALEA and, on occasion, records may be lost or destroyed at the local level. Even if the charge does not appear on a certified criminal history record, a record may still exist in a local law enforcement agency, a prosecutor’s file or a court record system. These records may still be accessible or eventually sent to ALEA for inclusion into the official record. If a petitioner knows of a record, even though it does not show up, that person should still file for the expungement to prevent these records from being sent to ALEA at a later date. If granted, the record will be officially removed from any agency for public dissemination.
Do I have to divulge that I have been charged for an offense that has been expunged?
The petitioner whose record was expunged does not have to disclose that fact on an application for employment, credit, or other type of application. However, the petitioner whose record was expunged shall have the duty to disclose the fact of the record and any matter relating thereto to any government regulatory or licensing agency, any utility and its agents and affiliates, or any bank or other financial institution. In these circumstances, the government regulatory or licensing agency, utility and its agents and affiliates, or the bank or other financial institution shall have the right to inspect the expunged records after filing notice with the court. A person applying for a position as a law enforcement or corrections officer must disclose and provide a copy of the expungement to the agency.
Will an expunged criminal charge show up on an employee background check?
Once an order of expungement is granted, that offense will no longer be part of a publically accessible record used for employee background checks.
Does an expungement apply to a non-government background check service?
An order of expungement does not necessarily apply to an unofficial 3rd party background service. However, if a petitioner provides notice to the service that an expungement has been granted, the record may no longer be intentionally disseminated by that entity.
Does an expungement restore my rights to carry a firearm?
An expungement order shall not entitle an individual to ship, transport, possess, or receive a firearm. Any person whose record of conviction is expunged may have his or her right to ship, transport, possess, or receive a firearm restored by a Certificate of Pardon with Restoration of Civil and Political Rights from the Alabama Board of Pardons and Paroles.
PUT YOUR TRUST IN A GADSDEN, ALABAMA EXPUNGEMENT LAWYER WHO PUTS PEOPLE FIRST
Call 256-547-1005 or fill out our online inquiry form and schedule a free consultation. We can explain all the legal options available to you, enabling you to make an informed decision as to how to handle your case. You're in charge. You decide.
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