Formerly, being charged with a felony or misdemeanor in the state of Alabama meant a stain was placed on your record, even if you were ultimately found not guilty or the charges were dropped.
Now, though, that could change, if a newly-passed expungement law on the governor’s desk is signed into law.
Expungement basically means a record no longer exists. Any trace of the original charge, if expunged, disappeared (for the most part; law enforcement officials can still access the record if it is in relation to an ongoing investigation).
As written, the law would provide an avenue for expunging records for felonies and misdemeanors under a limited set of circumstances. For misdemeanors, you can petition the court for an expungement if you:
- Were found not guilty;
- Had the charge dismissed with prejudice or declined by a grand jury;
- Had the charge dismissed without prejudice and it has been at least two years without the charge being refiled (and you haven’t been convicted of any other misdemeanor or felony);
For a felony, you can petition for expungement if you:
- Were found not guilty;
- Had the charge dismissed with prejudice or declined by a grand jury;
- Have completed a drug court or diversion program and waited at least one year;
- Had the charge dismissed without prejudice and it has been at least five years without the charge being refiled or being convicted of another crime;
- Have went 90 days since a dismissal, no-bill from a grand jury, acquittal, or nol prose
There are a few caveats. You cannot expunge a violent felony under any circumstances in the state of Alabama. All expungements are at the discretion of the Court and are not guaranteed by the law. Also, as mentioned, your record still exists in some capacity for law enforcement purposes.
What happens if you believe you are a candidate for expungement? What should you do? The first thing any person in this situation should do is hire an attorney. Getting your record expunged, while possible, can be complicated and difficult. You will likely only get one chance at petitioning the Court; as such, professional legal guidance is highly recommended.
Once petitioned, the Court will examine a litany of factors, such as the severity of the offense, evidence of rehabilitation, whether or not it was a first offense, your probation record, and other criteria. If approved, your record will officially be expunged, which means “the proceedings regarding the charge shall be deemed never to have occurred”.
Expungement is a positive development for the state of Alabama. If you or someone you know has questions about a possible petition for expungement, contact an attorney and consult with him or her regarding your potential case. Call us today at 205-328-1365 for a consultation.