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Statewide Representation Throughout Alabama (205) 871-8838
Free Professional Consultations 24 hours a Day(205) 222-4544

If you were arrested for a crime that stayed on your permanent record, even without a conviction, the effects can be devastating. No one wants other people to be able to search their name and find an arrest history. You may not even be aware that some small matter that occurred years ago still pops up on a criminal record check. It is important to note that you may only pursue an expungement if a court did not convict you of a crime. To learn whether you qualify, it may be beneficial to consult a Trussville expungement lawyer.

In an expungement, you request that the government remove the record of your arrest from public information. A skilled defense attorney could explain the process and your options.

The Expungement Process in Trussville

The process of expungement starts with a petition to the circuit court where the arrested person was charged. The person submitting the petition must include a signed sworn statement by the defendant, information about the case, a certified copy of the arrest report, and a description of the charges that the defendant seeks to have purged.

The court may set a hearing at the request of the alleged victim or prosecutor’s office. In the case that no one objects, the court may issue a ruling without a hearing. If the court decides in the petitioner’s favor, the government will erase the person’s record and keep that information in a protected file only for criminal investigation purposes.

It is important to keep in mind that some agencies may still have the right to find out about past arrests. Also, if the court restricted a person’s right to own a gun, that restriction is not affected by the expungement. Individuals are recommended to speak with a seasoned Trussville expungement lawyer who has handled these cases in the past to guide them through the expungement process.

Who is Eligible?

Typically, a person may only request to have their record expunged in the following circumstances:

  • Non-violent felony
  • Case dismissed with prejudice
  • Grand jury decided “no bill” on charges
  • The court found the defendant not guilty
  • Case dismissed after completing required programs
  • Case dismissed without prejudice, as noted in Code of Alabama 15-27-2
  • Traffic and city law violations if not convicted
  • The court found the defendant not guilty of a misdemeanor, as described in Code of Alabama 15-27-1

If a court found a person not guilty for a violent crime, that person may not be able to have their record purged. A few examples of violent crimes that may exclude a person include robbery, murder, and assault. Even if a case does not appear to be eligible for expungement, individuals could pursue pardons or other options. Individuals could speak to a Trussville attorney to learn if expungement is a viable option for their convicted offense.

Waiting Periods for Particular Types of Expungements

If the court dismissed a case without prejudice, there is a five-year waiting period. During that time, the person must not have committed any other offenses. For cases dismissed with prejudice, acquittal, nolle prosequi and no-bill, the applicant must wait 90 days before they are able to request an expungement.

Learn More from a Trussville Expungement Attorney

You do not want your past arrests and charges showing up whenever someone decides to do a background check on you. Speak with a Trussville expungement lawyer to learn about your options and whether you may be able to have your record erased. Reach out today to regain control of your life and legal history.