Expungement Petition – Factors Considered by the Court

The Court Must Consider Certain Factors When Ruling On Alabama Expungement Petition. The factors that the court must consider in ruling on your Alabama expungement petition are set out in the Alabama Code as part of the new expungement law. The factors can be found at Alabama Code § 15-27-5. The factors are as follows:

  • Nature and seriousness of the offense committed
  • Circumstances under which the offense occurred
  • Date of the offense
  • Age of the person when the offense was committed
  • Whether the offense was an isolated or repeated incident
  • Other conditions which may have contributed to the offense
  • Available probation or parole record, report, or recommendation
  • Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement and the petitioner plead guilty to another related or lesser offense
  • Evidence of rehabilitation, including good conduct in prison or jail, in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful business or employment history, and the recommendation of his or her supervisors or other persons in the community.
  • Evidence that you have had good behavior and conduct since the time of the criminal case is one of the most important factors. An experienced attorney can present this information in a meaningful way to the court.
  • Any other matter the court deems relevant, which may include, but is not limited to, a prior expungement of the petitioner’s records

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