We here, at Alsobrook Law Group, keep ourselves up to date on the latest developments in Alabama Criminal Procedure and are proud to represent clients with new services. The Alabama Legislature passed an Alabama Expungement Bill which was signed into law on April 7, 2014. The law became effective on July 7, 2014. Under the new Alabama Expungement Law only cases where the charges are dismissed (with or without prejudice), no billed by the Grand Jury, or where the person is acquitted after a trial can be expunged. In cases where the charges were dismissed without prejudice, special restrictions apply.
Expunge means; to blot out, obliterate or destroy. In the legal arena, expungement is the striking of an item from the record. The prime example of expungement is the purging of an arrest or charge from the records of a person.
The Law Firm of Zach Alsobrook is an Experienced Criminal Defense Attorney in Auburn / Opelika that understand Expungement and what it means to your future. Call us today to discuss your criminal record and how to get it erased forever.
The new Alabama Expungement Law requires a sworn petition for expungement to be filed with the Court that handled the case originally, with a copy served on the District Attorney or prosecutor. The prosecutor must then, make “reasonable efforts”, to give notice to any victim in the case for their input. The prosecutor and /or the victim, then has 45 days to file a written objection to the petition. If either the prosecutor or the victim objects, the court must set the petition for a hearing.
The Alabama Expungement Law requires that the Circuit Court consider the several factors in deciding whether to grant or deny the petition for expungement. Among those factors are:
It seems that the hearing is mandatory, the court must be reasonably satisfied that the person meets the requirements for expungement. If your petition for expungement is denied, you can only appeal on the basis of the judge’s “abuse of discretion.” This is an extremely deferential review standard. The court also has the power to determine how many cases should be expunged after the first expunged case. If there is no objection then the court can rule on the petition without a hearing.
The fee for filing a petition for expungement in the Circuit Court is $300.00. There is a provision and procedure for claiming indigence which allows the person to pay the filing fee in payments.
If your case was dismissed through a Pretrial Diversion Program, Drug Court, Mental Health Court or Veteran’s Court and it is one of the cases eligible for expungement, the records of that case may be expunged through this process. The law requires that you wait to file a Petition for Expungement one year after completion of the program and the original cases dismissal or order of Nolle Prosequi.
When your case is expunged, all records of the case are sealed and sent to the Alabama Criminal Justice Information Center (AJIC). The records affected include the arrest reports, booking and arrest photographs, and computer database records of the State. The State of Alabama retains a copy of the case “indefinitely.” However, access to the record requires a court order.
Your criminal history is used by employers for background checks. Expungement allows you to answer no to the question of whether or not you have been arrest. Alabama allows adult criminal records to be expunged in very limited circumstances. Listed below are other reasons a criminal record may be expunged:
Whether you made a mistake as a youth or an adult, the idea of expunging the record of a previous arrest should intrigue you. The value of a truly clean slate is undeniable. Hopefully, the information on this page, lets you know that our team at The Alsobrook Law Group understands the law and your rights. Please keep in mind, not all records may be expunged. So, you to call us today for further information and to set up your consultation.
Let our team help you erase the records of your past.
