According to Alabama expungement laws, you have a limited chance to get your arrest or criminal record expunged. New legislation introduced in Alabama in 2014 made it possible for people who are arrested for certain specific offenses to request an expungement, if the individual is found not-guilty, gets no-billed by a grand jury, or if the case is dismissed.
With the help of a seasoned criminal defense attorney, some sections of your record could be completely deleted under the expungement law. A qualified Shelby County expungement lawyer can help you through the legalities and minimize the damage to your record.
Who Can Seek Expungement?You might be able to ask for expungement or sealing of your arrest record as well as any information and documentation connected to your case if a grand jury no-billed your case or if you were found not guilty of the charge. On being granted an expungement, information about your case will not be found on any criminal database. According to Alabama law, expungement is not applicable if you are convicted.
How Much Time Do You Get to Apply?Different time limits apply while seeking an expungement in Alabama. You can seek an expungement immediately if a felony or misdemeanor was dismissed with prejudice or if you were exonerated.
A two-year wait is required if it was a misdemeanor case dismissed without prejudice. It is also important that you do not commit any other offenses during this waiting period.
The time limit to seek expungement is five years if your felony case was dismissed without prejudice. If you received deferred prosecution or in the event of case dismissal through drug court or a diversion program, it is essential that you finish the program with the assistance of a Shelby County expungement lawyer and seek an expungement after waiting a year.
Is Expungement Law Applicable to Criminal Convictions?Criminal convictions cannot be expunged. According to the current law, only cases that are dismissed with or without prejudice, people who are acquitted after a trial, and cases no-billed by the grand jury are eligible for expungement. Special restrictions are applicable in cases where charges were dismissed without prejudice.
Traffic violations and citations, municipal ordinance violations, and misdemeanors can be expunged. Certain restrictions apply to expungement of felony cases. No one is perfect. Everyone gets in a rush at times. Perhaps the police officer was a little hasty in handing you a ticket in this regard.
It is likely that an expunged record will also be removed from the FBI National Database. According to the Alabama expungement law, the ACJIC has to seek removal of the records from the FBI database. But, the FBI is not bound by a state court order of expungement. For more information, get in touch with a Shelby County expungement lawyer today.
Consulting With a Shelby County Expungement AttorneyDespite the time and expense involved in seeking an expungement, it is a prudent move. The advantages of having a clear criminal record far outweigh these temporary inconveniences. Restrictions, technicalities, and exceptions are all seen in the expungement law of Alabama. A focused and successful Shelby County expungement attorney can help evaluate whether you are eligible to seek expungement.
Your legal counsel could help draft an appropriate petition for expungement that can boost your chances of succeeding with a favorable outcome. Speak to a qualified Shelby County expungement lawyer today. Call today.