Have you been arrested or convicted of a crime in Alabama and are wondering if you can clear your record? Expungement, also known as record sealing, is a legal process that allows certain criminal charges to be removed from your public record. This can be incredibly beneficial, opening doors to employment opportunities, housing applications, and other situations where a background check might be conducted.
However, navigating the expungement process can be complex, especially with the recent changes brought about by the REDEEMER Act (Record Expungement Designed to Enhance Employment and Eliminate Recidivism Act). This act, passed in 2021, expanded expungement eligibility for many Alabamians.
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Not all criminal charges qualify for expungement in Alabama. Here’s a breakdown of eligible and ineligible charges:
Charges Eligible for Expungement
- Dismissed Misdemeanor and Felony Charges: If your misdemeanor or non-violent felony charges were dismissed with prejudice, no-billed by a grand jury, or you were found not guilty, you may be eligible for expungement after 90 days. For charges dismissed without prejudice, there is a 1 year waiting period for misdemeanors and 5 years for felonies with no subsequent convictions.
- Misdemeanor Convictions: As of July 2021, many misdemeanor convictions are now eligible for expungement in Alabama if certain criteria are met, as detailed below. This excludes violent offenses, sex offenses, and serious traffic violations.
- Felony Convictions: Very few felony convictions are eligible. The person must receive a pardon with restoration of civil rights from the Board of Pardons and Paroles and wait 180 days. Violent crimes, sex offenses, crimes of moral turpitude, and serious traffic offenses are excluded.
Charges Not Eligible for Expungement
Certain serious offenses can never be expunged in Alabama:
- Violent felonies listed in § 12-25-32 (murder, assault, domestic violence, robbery, burglary, etc.)
- Sex offenses listed in § 15-20A-5
- Crimes involving moral turpitude under § 17-3-30.1
- Serious traffic offenses under Title 32, Chapter 5A, Article 9 (DUI, reckless driving, leaving the scene, etc.)
Expungement Requirements for Misdemeanor Convictions
To expunge an eligible misdemeanor conviction, you must meet these criteria:
- Completion of Sentence: All terms of your sentence must be satisfied, including probation/parole, fines, court costs, fees, and restitution. The court may find you indigent regarding the amounts owed.
- Three-Year Waiting Period: You must wait 3 years from the date of conviction before petitioning for expungement.
- No Subsequent Convictions: You cannot have any other misdemeanor or felony convictions in the 3 years prior to filing for expungement.
The Expungement Process in Alabama
The expungement process in Alabama involves several steps:
- Gather Required Documents: This includes court documents related to your case, proof of completing your sentence, and potentially a fingerprint card. Having all the necessary paperwork in order will streamline the expungement process.
- File a Petition for Expungement: You will need to file a petition with the circuit court in the county where your charges were filed. This petition typically includes information about your case, your reasons for seeking expungement, and a sworn statement that you meet all eligibility requirements.
- Court Hearing: A judge will review your petition and hold a hearing to determine whether to grant your expungement. An expungement attorney can represent you in court and increase your chances of a successful outcome. Legal guidance can be invaluable in navigating the complexities of the expungement process.
Additional Considerations
Here are some additional factors to consider regarding expungement in Alabama:
- Cost of Expungement: There are filing fees associated with expungement petitions. An attorney can advise you of the potential costs involved and help you understand the financial implications of pursuing expungement.
- Timeframe for Expungement Completion: The expungement process can take several months, depending on the court backlog and complexity of your case. Patience and persistence are key during this time.
- Limitations of Expungement: It’s important to understand that expungement does not erase your criminal record entirely. Law enforcement agencies and certain government entities may still have access to your expunged records. However, for most purposes, such as employment and housing, an expunged record will no longer be a barrier.
Understanding Your Options for a Clear Record
Expungement can be a powerful tool for individuals in Alabama seeking a fresh start after a brush with the criminal justice system. By erasing certain criminal charges from your public record, expungement opens doors to new opportunities that might otherwise be closed due to your past.
Imagine being able to pursue your dream job without the fear of a criminal record holding you back. Imagine securing safe and reliable housing without the stigma of a past mistake. Expungement can empower you to move forward with confidence and build a brighter future.
However, navigating the expungement process can be complex, especially with the recent changes brought about by the REDEEMER Act. Understanding the eligibility requirements, the steps involved in filing a petition, and the potential limitations of expungement is crucial. This is where Alsobrook Law Group can be your trusted guide.
Alsobrook Law Group has extensive experience assisting clients with expungement cases. Contact us for a free consultation. We will evaluate your specific situation, answer your questions, and develop a personalized strategy to help you achieve a fresh start.
