If you were arrested for a misdemeanor or non-violent felony offense in Alabama but were never convicted, you may be eligible to have your criminal record cleared through expungement. A professional Auburn expungement lawyer can determine whether you are eligible to have your arrest record expunged and help you navigate the process of filing a petition for expungement in the proper jurisdiction. An experienced defense lawyer can discuss your options and get your expungement process started. Read on to learn more about how a weathered Auburn expungement lawyer could offer you their assistance today.
What is Expungement?Expungement is a legal procedure in which someone petitions the court to have an arrest record and/or criminal conviction be erased from their criminal history record. Once the court issues an order of expungement, the applicable offense is no longer part of one’s publically accessible criminal history record, but may still be available for specified law enforcement purposes. Reach out to a skilled defense attorney to learn more.
Alabama Expungement LawsIn 2013, the Alabama legislature passed a law allowing charges for non-felonies or non-violent felonies to be removed from a someone’s criminal record under certain circumstances. Alabama’s expungement law does not allow for criminal convictions to be expunged. Charges for a misdemeanor criminal offense or violation (e.g. traffic or municipal ordinance), may be expunged if the charge was dismissed with prejudice, no-billed by a grand jury, the charge was dismissed without prejudice more than two years ago, or the individual was acquitted.
Charges for non-violent felony offenses may be expunged if the charge was dismissed with prejudice but it is important to keep in mind that there is is a 90 day waiting period before someone can file a petition for expungement for a non-violent felony charge that was dismissed with prejudice. Charges can also be expunged if the charge was no-billed by a grand jury, the individual was found not guilty, the charge was dismissed without prejudice more than five years ago, or the charge was dismissed after they successfully completed a court-approved diversion or deferred prosecution program (e.g. substance abuse, mental health) and it has been more than one year since the completion of that program.
Expungement Process in AlabamaIn order to begin the expungement process, an Auburn expungement lawyer needs to file a petition. A petition for expungement must be filed with the Circuit Court of the county where the person was originally charged. The court must set a hearing if the prosecuting authority or alleged victim objects to the petition for expungement in writing. If, however, there is no objection and the petition contains sufficient information for the court to make a determination, no hearing is required.
Section 15-27-5 contains a list of 10 factors the court may consider in deciding whether to grant a person’s petition for expungement. If the court grants the petition, the criminal record is forwarded to the Alabama Criminal Justice Information Center (ACJIC). The ACJIC will digitally store the expunged record, destroy the physical record, and seal the information.
Work With an Auburn Expungement LawyerWorking with a qualified Auburn expungement lawyer could maximize the likelihood of your arrest record being expunged by ensuring that your petition meets the filing requirements. A local Auburn expungement lawyer will also have more experience with the process of expunging charges in your area. Do not let a misdemeanor or non-violent felony charge hold you back. Contact a weathered Auburn expungement lawyer today for your initial consultation.