WHAT IS EXPUNGEMENT?

     Expungement refers to the process of erasing, destroying, or sealing arrest records. The general idea is that, once a record is expunged, the details do not have to be disclosed, including to potential employers or landlords. Nearly every state has some provision for expungement, and Alabama was recently added to this list.

 

HOW EXPUNGEMENT CAN IMPACT YOUR LIFE

     We live in an information age and, unfortunately, the internet has made many of us open books whether we want to be or not. Your ability to get into the college of your choice and pursue a particular career path could be impacted by a single mistake in your past. An arrest for something such as shoplifting, DUI, or even reckless driving could affect your chances of being approved for a rental apartment, getting a mortgage loan approved, and passing a background check for employment.

     When your Alabama case is expunged, all the data related to your arrest and charges is included. This means that your arrest report, booking photographs, and references in the state’s Judicial Information System or other government indexes for public searches are erased. All personal data such as your name, social security number, address, and date of birth are also expunged.

    Assuming you have successfully had your Alabama records expunged, you will be able to fill out employment and credit applications in the future without having to disclose a mistake from your past. In most cases, those expunged records will not show up on pre-employment background checks.

 

IS YOUR RECORD ELIGIBLE FOR EXPUNGEMENT IN ALABAMA?

     To determine if your case is eligible for this service according to Alabama’s expungement law, see below:

 

Option 1: If you were charged with an offense, which is a misdemeanor, a violation, a traffic violation, or municipal ordinance violation if at least one of the following applies: (If none apply, the charge is not eligible for expungement)

• the charge has been dismissed with prejudice and more than 90 days have passed.

• the charge has been no billed by a grand jury and more than 90 days have passed.

• I was found not guilty of the charge and more than 90 days have passed.

• the charge has been nolle prossed without conditions, more than 90 days have passed, and the charge or charges have not been refiled.

• an indictment has been quashed, and the statute of limitations for refiling the charge or charges has expired, or the prosecuting agency confirms that the charge or charges will not be refiled.

• the charge was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran's court, or any court-approved deferred prosecution program, and more than two expungements have not been granted for the successful completion of these program(s), and the petition for expungement has not been filed before one year from the date of successful completion of a program listed in this paragraph.

• the charge was dismissed without prejudice more than one year ago, has not been refiled, and I have not been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations, during the previous two years.

• I can prove by a preponderance of the evidence that I was a victim of human trafficking, and committed the misdemeanor offense, violation, traffic violation, or municipal ordinance violation during the period were being trafficked, and you would not have committed the offense or violation but for being trafficked.

 

Option 2: If you were convicted of an offense, which is a misdemeanor, a violation, a traffic violation, or municipal ordinance violation, and more than two expungements have not been granted: (AND ALL OF THE FOLLOWING HAVE OCCURRED. If you have not checked all seven boxes, the conviction is not eligible for expungement)

• all probation or parole requirements have been completed, including payment of all fines, costs, restitution, and other court-ordered amounts, and are evidenced by the applicable court or agency.

• Three years have passed from the date of conviction.

• At the time of the offense, I was not operating a commercial motor or was not holding a commercial driver’s license or commercial learner's permit for a conviction of an offense enumerated in 49 C.F.R. §383.51

• The conviction is not a violent offense, as provided in Section 12-25-32.

• The conviction is not a sex offense, as provided in Section 15-20A-5.

• The conviction is not an offense involving moral turpitude, as provided in Section 17-3-30.1, or was classified as a felony at the time of the conviction, but has been reclassified as a misdemeanor, pursuant to Act 2015-185, and I have not been arrested for any offense, excluding minor traffic violations, 15 years prior to the filing of this petition.

• The conviction is not a serious traffic offense, as provided in Article 9 of Chapter 5A of Title 32.

 

Option 3: If you were charged with a felony offense and at least one of the following apply (If none apply, the charge is not eligible for expungement)

• the charge has been dismissed with prejudice and more than 90 days have passed.

• the charge has been no billed by a grand jury and more than 90 days have passed.

• I was found not guilty of the charge and more than 90 days have passed.

• the charge has been nolle prossed without conditions, and more than 90 days have passed, and the charge or charges have not been refiled.

• the indictment has been quashed, and the statute of limitations for refiling the charge or charges has expired, or the prosecuting agency confirms that the charge or charges will not be refiled.

• the charge was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran's court, or any court-approved deferred prosecution program, and more than two expungements have not been granted for the successful completion of these program(s), and the petition for expungement has not been filed before one year from the date of successful completion of a program listed in this paragraph.

• the charge was dismissed without prejudice more than five years ago, has not been refiled, and I have not been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations, during the previous five years.

• I can prove by a preponderance of the evidence that I was a victim of human trafficking, and committed the felony offense during the period I was being trafficked, and would not have committed the felony offense but for being trafficked.

 

Option 4: If you were convicted of an offense, which is one of the following violent felony offenses as defined in Section 12-25-32, and can show that the commission of the violent felony occurred while you were being trafficked, and would not have been committed but for being trafficked. If you cannot prove this to the court, the conviction for any violent felony below is not eligible for expungement:

• Promoting prostitution in the first degree pursuant to Section 13A-12-111.

• Domestic violence in the third degree pursuant to subsection (d) of Section 13A-6-132.

• Production of obscene matter involving a person under the age of 17 years pursuant to Section 13A-12-197.

 

Option 5: If you were convicted of a felony offense and more than one expungement has not been granted (AND ALL OF THE FOLLOWING HAVE OCCURRED. If you have not checked all eight boxes, the conviction is not eligible for expungement):

• I was granted a certificate of pardon with restoration of civil and political rights for the conviction from the Board of Pardons and Paroles.

• All civil and political rights that were forfeited as a result of the conviction have been restored.

• One hundred eighty days have passed from the date of the issuance of the certification of pardon.

• the conviction is not a violent offense, as provided in Section 12-25-32, unless it falls within an exception under Section IV.

• the conviction is not a sex offense, as provided in Section 15-20A-5.

• the conviction is not an offense involving moral turpitude, as provided in Section 17-3-30.1, or was classified as a felony at the time of the conviction, but has been reclassified as a misdemeanor, pursuant to Act 2015-185, and I have not been arrested for any offense, excluding minor traffic violations, 15 years prior to the filing of the petition.

• The conviction is not a serious traffic offense, as provided in Article 9 of Chapter 5A of Title 32.

• At the time of the offense, I was not operating a commercial motor vehicle or was not holding a commercial driver’s license or commercial learner's permit for a conviction of an offense enumerated in 49 C.F.R. § 383.51.      

 

Additional Information:

     Please be advised that where the law places limitations on the number of expungements, one expungement shall include all charges and convictions stemming from the same arrest or incident. If the Court does not determine you to be indigent (eligible for financial relief) and does not waive the filing fee, when you are seeking the expungement of multiple charges arising from one arrest, only one filing fee shall be paid. When you are seeking the expungement of multiple charges arising from multiple arrests, a filing fee for each arrest shall be paid.

     Records related to offenses and convictions may be disclosed to a criminal justice agency, a district attorney, or a prosecuting authority for criminal investigation purposes, to a utility and its agents and affiliates, to the Department of Human Resources for the purpose of investigation or assessment in order to protect children or vulnerable adults, or to any entities or services providing information to banking, insurance, and other financial institutions as required for various requirements as provided in state and federal law.

     Further, any criminal charges that are expunged or are pending expungement shall be available for use by any attorneys, officers of the Court, or the Court itself in any civil matters related to the criminal charges expunged or seeking to be expunged regardless of the outcome of the petitioned expungement. At the conclusion of the pending civil matter, all references to the criminal charges expunged or to be expunged shall be redacted in the event the criminal charges are expunged.

 

HOW TO APPLY FOR AN ALABAMA EXPUNGEMENT

     The state of Alabama has made the expungement process forms publicly available. Unfortunately, the entire process can be complicated and riddled with red tape. If you meet the criteria, you are required to send in the application materials with supporting documentation that includes a case action summary, record of arrest, disposition, and certified criminal record. Because this process is so technical, we recommend that you enlist the services of an experienced and qualified Alabama expungement attorney.

     Expungement in Alabama is a civil matter that is handled by the Circuit Court. There is generally no court hearing associated with this process. The only exception is if the prosecuting attorney or victim objects to the expungement. In most cases, the entire expungement process takes anywhere from 60-120 days depending on the amount of documentation required and any objections from the court.

 

A FEW PRACTICAL LIMITATIONS ON EXPUNGEMENT

     While there is tremendous value in having your records expunged if you are eligible, the truth is that this process is not likely to erase every mention of this event from existence. Even if you are successful in getting your case expunged, there are a few instances where it might still become exposed.

• Online reports. If you did something newsworthy, that report is not going to go away with your expungement. Any online news reports or social media posts dealing with your arrest or case will live on.

• Subsequent charges. Being a repeat offender is likely going to bring those old charges back to light. Both the prosecutor and the judge will be able to view your records should you end up in front of them once again.

• Certain sensitive jobs. Even expunged records will not disappear for the sake of certain sensitive positions. For example, if you apply for a law enforcement job or a position working with small children, there is a chance that those employers will have access to your files.

 

NEED YOUR RECORD SEALED? CONTACT US TODAY FOR A CONSULTATION.

 

     If you are looking for a job, want to purchase a home, or have certain aspirations for the future, don’t allow your past mistakes to hold you back. Alabama now allows certain records to be expunged, and you should take full advantage of this law if you are eligible to participate.

    At Sullivan Law Associates, LLC, we believe that each case and client is unique. Getting your record expunged is a noble goal, but the process may be complicated and even confusing, depending on the particulars of your case. Contact our office today at (256) 747-1330 to schedule an initial consultation regarding your Alabama expungement. We will outline your legal options and take every measure possible under the law to protect your right to this valuable service.