Life happens, and mistakes are made. But one mistake shouldn’t dictate the rest of your life. Expungement in Alabama offers a second chance to wipe your criminal record clean, paving the way for better job opportunities, housing options, and peace of mind.
But what crimes are eligible for expungement in Alabama? Alabama expungement lawyers answer this question and explain the eligibility requirements under the Alabama expungement law and how the process works. Read on to learn more.
Understanding the Alabama Expungement Law
Expungement is the legal process of removing a criminal charge from your record. Once expunged, the charge is no longer visible in background checks, providing you with a clean slate.
In January 2021, Governor Kay Ivey signed the “Redeemer Act” into law. This updated version of the 2014 law expanded the eligibility criteria, allowing individuals convicted of certain nonviolent crimes to seek expungement. This Alabama legislature strives to give Alabama residents who have turned their lives around a chance to move forward without the burden of a criminal record. The Redeemer Act also facilitates the restoration of civil and political rights to individuals who have turned their lives around.
If you’re unsure whether your case qualifies, consult a trusted Alabama expungement attorney to determine your options.
Eligibility for Expungement
Eligibility for expungement in Alabama hinges on the type of offense and the resolution of the case. Generally, individuals with nonviolent misdemeanor and felony convictions may qualify for expungement. However, specific requirements and exceptions must be met to proceed with the expungement process.
Given the complexity of these requirements, consulting a knowledgeable Alabama expungement attorney is in your best interest. An attorney can review your case, determine your eligibility, and guide you through the expungement process. They can also help you understand the specific criteria related to your offense and the outcome of your case.
What Crimes Can Be Expunged in Alabama?
Alabama’s expungement laws cover nonviolent misdemeanor and felony charges. These conditions generally depend on the resolution of the case and the specific legalities involved in expunging criminal records. Here are the key categories:
- The charge was dismissed with prejudice.
- The case resulted in a no-bill by a grand jury.
- You were found not guilty at trial.
- The charge has been nolle prossed without conditions.
- You completed a deferred prosecution program, such as a mental health or drug court program.
- The charge was dismissed without prejudice.
How Long Do You Have to Wait to Get Your Record Expunged in Alabama?
The waiting period for expungement depends on the resolution of your case:
Case Resolution | Misdemeanor | Felony |
Dismissed with Prejudice | 90 days | 90 days |
No-Bill By Grand Jury | 90 days | 90 days |
Acquitted | 90 days | 90 days |
Nolle Prossed | 90 days | 90 days |
Diversion Programs | 1 year after completing the program | 1 year after completing the program |
Dismissed Without Prejudice | 2 years | 5 years |
Individuals must not have been convicted of any other felony or misdemeanor crime during the waiting period, excluding minor traffic violations, to maintain eligibility for expungement.
Remember, Alabama’s expungement process can be time-sensitive, so it’s wise to act promptly once you’re eligible.
Crimes That Cannot Be Expunged
Not all crimes are eligible for expungement under Alabama law. Violent offenses, including murder, sexual offenses, and certain domestic violence charges, cannot be expunged.
There are exceptions and specific conditions where violent felonies might be considered for expungement, but they must meet specific criteria. If you’re facing ineligibility concerns, discussing your case with knowledgeable Alabama expungement lawyers can help clarify your next steps.
The Expungement Process in Alabama
Applying for expungement involves several steps. Here’s what you can expect:
- Determine Eligibility: An experienced Alabama expungement attorney reviews your case to confirm your eligibility.
- Gather Documentation: This includes court records, proof of dismissal, and evidence of completed diversion programs, if applicable.
- File a Petition: A formal petition to expunge records relating to dismissed charges or convictions is filed with the court where the charges were handled.
- Attend a Hearing: In some cases, a court hearing may be required to present your case for expungement.
- Receive Court Approval: If approved, the court will order the removal of your record from public access.
The Benefits of Expungement
Expunging your record offers several life-changing benefits:
- Improved Employment Opportunities: Employers conducting background checks won’t see expunged records.
- Enhanced Housing Prospects: Landlords often reject applicants with visible criminal histories.
- Peace of Mind: Removing the stigma of a criminal record lets you move forward with confidence.
- Restored Reputation: Regain the trust and respect of your community.
Even though the process requires patience and effort, the long-term advantages often outweigh the challenges.
Your Path to a Clean Slate Starts Here. Let The Hazzard Law Firm Navigate The Legal Hazards For You
Are you ready to put the past behind you and move toward a brighter future? Attorney Wakisha Hazzard and her team understand the stakes of having a criminal record. With years of experience working alongside judges and prosecutors in her own practice, she knows how to navigate the expungement process effectively. Her strong ties to the Birmingham community and deep understanding of Alabama’s legal system make her the advocate you need.
To us, you’re not just another case file. Our firm’s mission is to ensure a single moment doesn’t define your future. Our compassionate and knowledgeable criminal lawyers in Birmingham, Alabama are here to guide you through every step of the expungement process. Contact us at (205) 521-7378(205) 521-7378 for a free case evaluation with our case evaluator, or complete our confidential online form.
The Hazzard Law Firm, LLC Navigates the Legal Hazards with Experience You Can Trust.
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
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Birmingham, AL 35203
(205) 521-7378(205) 521-7378
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