Expungements: Do You Qualify? How We Can Make It Happen.
Have you ever wished that a criminal charge or conviction from your past would go away? Well, it might just be a possibility. Alabama has written into law a way to have prior criminal charges—and even some convictions— removed from a person’s criminal history. The process is called an expungement, and it has been in effect since 2014. In 2021, the law was amended through the REDEEMER Act to be even more inclusive of various criminal dispositions.
How does an expungement work?
In order to successfully expunge a criminal record, several steps are required. But before going down the road to expungement, you will want to consult with an experienced criminal attorney who can help you determine whether or not you will qualify.
A person may qualify for an expungement if they meet one of the following criteria:
Charged with a misdemeanor that was later dismissed, no billed, found not guilty, dismissed after successfully completing a diversion program, or the offense was committed by a person who was a victim of human trafficking and committed the crime only because of being a victim.
Convicted of a misdemeanor, and:
All requirements of probation have been completed
All costs and fines paid in full
A commercial vehicle was not used in the furtherance of the crime
The conviction was for a nonviolent offense
The conviction was not for a sex offense
The conviction was not for an offense involving moral turpitude, as listed in Section 17-3-30.1 Ala. Code. 1975
The conviction was not for a serious traffic offense, as listed in Title 32, Art. 9, Ch. 5A, Ala. Code , 1975
At least three (3) years have elapsed since the date of conviction
Charged with a felony that was later:
Dismissed with prejudice (meaning the prosecution cannot refile the same charge)
No billed by the Grand Jury
Found not guilty by jury verdict or bench trial verdict
Nolle prossed
Indicted and the indictment was subsequently quashed
Dismissed after successfully completing a diversion or deferred prosecution program
Dismissed without prejudice, but at least five (5) years have passed
Found that the person convicted was a victim of human trafficking and the crime was committed only because of being a victim
Convicted of a felony (major change in new law), and:
Granted a Certificate of Pardon from the Board of Pardons and Paroles
180 days have passed since a pardon was issued
Every civil right that was once forfeited has been restored
The pardoned offense does not violate Section 12-25-32, Ala. Code, 1975
The pardoned offense is not a sex offense, defined by Section 15-20A-5, Ala. Code, 1975
The pardoned offense is not one of moral turpitude, defined by Section 17-3-30.1, Ala. Code, 1975
The pardoned offense is not a serious traffic offense, defined by Article 9, Ch. 5A, Title 32
Think you qualify? Here’s what’s next.
If a person qualifies for an expungement, the next step is for the individual’s retained attorney to file the petition. This is where Ty Taylor Law can step in to ensure that the process is followed, according to the law, from start to finish. Your attorney will meet with you, verify that you qualify for an expungement, and provide you with an in-depth walk through of the process required to get your criminal record wiped clean. In some cases, the Court may set a hearing to discuss the matter. If this happens, your attorney will represent and advocate for you in Court to explain to the Judge why the expungement should be granted.
What’s it cost?
An initial, administrative filing fee of $500.00 is required to get an application for expungement before the Court of competent jurisdiction. The Court may also impose certain court costs and filing fees, depending on the specific circuit it is located in. In addition to the nominal filing and court fees, the individual would be responsible for the retained attorney’s fee. The attorney’s fee would allow for the initial consultation, counsel and handling of all steps of the process and filing.
Ty Taylor Law can help.
A Petition for Expungement of Records is a tedious and technical process. Our office will work hard to make sure you have the representation needed and will take you every step of the way with confidence. We believe that actions from one’s past should not dictate their future. Because of that, successfully expunging a criminal record can give someone a second chance at living the most prosperous life possible.
If you would like to discuss an expungement and how Ty Taylor Law Firm can help you get back to a “clean slate,” give us a call today at (334) 657-9909.
Sources:
Alabama Law Enforcement Agency, Petition for Expungement of Records, https://www.alea.gov/sites/default/files/expungement-forms/Expungement-PetitionForExpungementOfRecords.pdf