New Law Gives Alabama Residents Opportunity to Expunge Criminal Records
Many Alabama residents are now eligible to petition to have their criminal record expunged by the courts. The new law signed by Governor Bentley will allow any person once charged with a misdemeanor criminal offense, traffic violation, or municipal ordinance violation to apply for an expungement so long as the person was found not guilty, the charge was dismissed with prejudice, the charge was no-billed by a grand jury, or the charge was dismissed without prejudice more than 2 years ago and has not been refiled.
Those with non-violent felony charges may also be eligible if found not guilty, or if charges were dismissed with prejudice, in the event of a no-bill grand jury, or one year after completing a diversion program such a mental health treatment, drug treatment, or veterans court. Other non-violent felonies may also be eligible if the charge was dismissed without prejudice more than 5 years ago, has not been refiled, and the person has not been charged with any other felonies, misdemeanors, or violations.
To apply to be considered for expungement by a judge, the applicant will need to pay a $300 administrative fee and file a petition to an Alabama circuit court where the charge was filed. A copy of the petition must also be submitted the district attorney’s office, the law enforcement agency, and the clerk of the court. The district attorney’s office notifies any victims in the case, and has 45 days to file a petition opposing the expungement. If no objections are filed, the court can review and rule without a hearing. If an opposing petition is filed, a hearing will be scheduled within 14 days.
If the court approves a request for expungement, all records in custody of the court and any held by any other agency, official, or by law enforcement are to be verified expunged within 6 months. If for any reason the charges are ever asked about, the court and any other official agency is required to respond that “no record exists on the matter,” and the matter does not need to be disclosed on any job or credit application. The records will still exist in an archived protected file at the Alabama Criminal Justice Information Center, but they cannot be used for any non-justice purpose, and may only be made available to a criminal justice agency after notice is given of an ongoing investigation on the individual.
This new law is an excellent opportunity for qualified Alabama residents looking to put past charges truly in the past.