Expungements

In 2014 the Alabama legislature approved measures to expunge, or “seal”, the criminal records of Alabama residents who have been charged with a non-violent felony or misdemeanor but never convicted. The measure allows the record to be erased from public view as though the crime never happened. Clients looking to improve their record for job interviews can use this powerful tool to prevent any problems during a background check.

Why is this so important? Often times an arrest record, even if not convicted, can affect employment opportunities, education, housing, loans, etc.

WHO IS ELIGIBLE

Anyone charged with a misdemeanor criminal offense, a violation, a traffic violation, or a municipal ordinance violation and one of the following applies to you:

  1. The charge was dismissed with prejudice.
  2. The charge has been no billed by a grand jury.
  3. You have been found not guilty of the charge.
  4. The charge was dismissed without prejudice more than two years ago, has not been refiled, and you have not been convicted of any other felony, misdemeanor crime, violation, or traffic violation (except minor traffic violations) during the previous two years.

Or if you were charged with a felony offense  then you may be entitled to petition for expungement of that record if one of the following applies to you:

  1.  The charge was dismissed with prejudice.
  2. The charge has been no billed by a grand jury.
  3. You have been found not guilty of the charge.
  4. 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 after one year from successful completion of the program.
  5. The charge was dismissed without prejudice more than five years ago, has not been refiled, and you 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.
  6. Ninety days have passed from the date of dismissal with prejudice, no-bill, acquittal, or nolle prosequi and the charge has not been refiled.

If you are interested in talking to an attorney about an expungement call our office and talk to someone at no cost to you.