The Alabama expungement law became effective the first of July 2014 and The Self Law Firm has already been receiving inquiries from potential clients interesting in taking advantage of the new law. In a response, we have developed this list of some of our most frequently asked questions as well as our best answers given our current understanding of this brand new law.
CAN A CRIMINAL CONVICTION BE EXPUNGED?
No. 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 requirements must be met.
WHAT IS THE RESTRICTION ON CASES DISMISSED WITHOUT PREJUDICE?
A case that is dismissed without prejudice may be refiled at a later date. Because of this, the new law requires that these cases must have been dismissed at least two years prior, that the case has not beed refiled, and that the petitioner not have been convicted of any other crime (excluding minor traffic violations) in the past two years.
WHAT KINDS OF CASES CAN BE EXPUNGED?
Misdemeanors, violations, traffic citations and violations, and municipal ordinance violations can be expunged. Special restrictions apply to the expungement of felony cases.
WHAT ARE THE SPECIAL RESTRICTIONS THAT APPLY TO FELONY CASES?
Under the new law felony cases characterized as “violent felonies” may not be expunged.
I SUCCESSFULLY COMPLETED A DEFERRED PROSECUTION PROGRAM. CAN I GET MY RECORD OF THIS ARREST EXPUNGED?
Yes, assuming the program resulted in the charges being dismissed. The new law does require that you wait one year after completion of the program before you can apply for expungement.
IS THERE A WAITING PERIOD FOR FELONY CASES WHICH WERE DISMISSED WITHOUT PREJUDICE?
Yes. If your offense was a felony, and the case was dismissed without prejudice, you must wait five years from the time of the dismissal before you can apply for expungement. The additional requirements that listed earlier must also be met.
IS THERE A WAITING PERIOD FOR FELONY CASES DISMISSED WITH PREJUDICE?
Yes. If the case is a felony, and the case is dismissed with prejudice, you must wait ninety days before you can apply for expungement under the new Alabama Expungement Law.
WHAT IS THE COST FOR FILING A PETITION FOR EXPUNGEMENT?
The new Alabama expungement law provides that you must pay a filing fee of $300.00 in addition to any additional court costs or docket fee imposed by the local Circuit Court Clerk where the petition is filed.
WILL I HAVE TO HAVE A HEARING ON MY EXPUNGEMENT PETITION?
Maybe. If either the prosecuting authority or the victim / complainant objects to the expungement, the Court must schedule a hearing. If there are no objections, and the Judge has enough information from what is contained in your Petition to make a decision, no hearing may be necessary.
WHAT HAPPENS WHEN THE EXPUNGEMENT PETITION IS GRANTED AND MY CASE IS EXPUNGED?
The Court will order that all records concerning your arrest and the case be expunged, or removed from the records of the court, any agency or official, law enforcement, the Board of Pardons and Paroles, and the district attorney. The records are forwarded to the Alabama Criminal Justice Information Center (ACJIC) in Montgomery.
Is your arrest history keeping you from reaching your full potential? Do old cases keep coming up in your background checks? Erase your old criminal record. Call The Self Law Firm at 205-647-1000.