Clear Your Record: How to Get Charges Expunged in Alabama

Are criminal charges from your past holding you back from reaching your goals? If so, you’re not alone. Having a criminal record, even if it happened many years ago, can impact your opportunities for employment, housing, education, and financing. But this doesn’t have to be your reality forever. Depending on the details of your case, you may be able to wipe the slate clean by getting your charges expunged.

What exactly does ‘expunged’ mean? Expungement is a legal procedure that allows you to request the removal of certain charges from your public record. When this happens, employers, banks, and landlords can no longer see these charges and deny you jobs, loans, or housing based on your legal history.

For Alabama residents hoping to put their criminal charges behind them and start fresh, there’s more good news! The state’s 2021 REDEEMER Act has changed expungement eligibility requirements. Now tens of thousands more Alabamians can have their criminal history removed from public record. So, let’s get into who is eligible, how to petition, and some of the most frequently asked questions about expungement in Alabama.

Who is Eligible for Expungement in Alabama?

Navigating Alabama’s expungement laws can be complex. The following simplified guidelines offer a basic overview of who might qualify for expungement based on non-conviction charges, misdemeanors, and felonies. However, every case is unique. To determine if your specific charges are eligible, it’s best to consult an experienced criminal defense lawyer, like those at Bennett Law, who can provide personalized advice and guide you through the process.

Non-Conviction Charges

You are likely eligible for expungement if you’ve been charged but not convicted and your case meets the following criteria:

• The charge was a non-violent offense.
• The case resulted in one of the following:
  • Dismissal
  • Acquittal
  • No-bill
  • Nolle prosequi
  • Successful diversion
• You completed the waiting period (duration will vary based on the charge).
• You received no new convictions during the waiting period.
• All court-ordered payments were completed.

Misdemeanors

You may be eligible for expungement if you have a misdemeanor conviction and meet the following criteria:

• You completed all probation or parole requirements, including payment of all fines and court-ordered amounts.
• Three years have passed since the conviction.
• You weren’t driving a commercial vehicle when convicted.
• The conviction was not for violent, sexual, moral turpitude, or serious traffic offenses.
• No new convictions during the waiting period.

Felonies

Are you wondering if a felony can be expunged? Though not as common, there are some circumstances in which you are eligible to get a felony expunged from your record in Alabama if you meet the following requirements:

• It must be for a nonviolent crime. Violent, sexual, and serious traffic crimes or those involving dishonesty can’t be removed.
  You’ll need a full pardon from the Alabama Board of Pardons and Paroles, which restores your rights. After getting the pardon, at least 180 days must pass before expungement.
• You’ve had no new convictions during the waiting period.
• All court-ordered payments were completed.

The Expungement Petition Process

Here is a very simplified breakdown of the process to expunge your record in Alabama.

• Check Eligibility: Make sure your charge can be removed. Factors like if it was dropped, you were found not guilty, or it was a minor crime affect eligibility.
• Get Your Records: Get a copy of your criminal record from the Alabama Law Enforcement Agency (ALEA).
• Wait: You’ll need to complete a waiting period before being eligible to apply. Depending on the details of your case, this waiting period could be as short as 90 days or as long as 5 years.
• Fill Out the Form: Use the Petition for Expungement of Records form from the Alabama Office of Administrative Courts.
• Pay the Fee: The fee is $500 for each petition or arrest.
• Submit the Petition: File it in the county court where your charges were.
• Serve notice: Notify all required parties, such as the district attorney’s office, of the petition.
• Go to Court: If needed, attend a court hearing where a judge will decide if your request is approved.

Expungement procedures can be complicated, so seeking advice from experts is recommended. At Bennett Law, we offer guidance through every stage of the process to make sure your petition is handled accurately and effectively.

Expungement FAQs

Are you looking for more information about expungement in Alabama? Explore these common questions to learn more:

How much does it cost to file for expungement?

The administrative filing fee for an expungement petition in Alabama is a non-refundable $500 fee per arrest incident. However, there may be additional court costs or fees.

Do I need a lawyer for expungement?

While not legally required, it’s highly recommended that you hire an experienced attorney for expungement petitions. The process can be complex, and an attorney, like the experts at Bennett Law, can help ensure that all requirements are met and improve your chances of success.

Do expunged records show up on fingerprinting?

Once a record is expunged in Alabama, it should not show up on standard background checks or fingerprint-based checks. However, the records are retained by the Alabama Criminal Justice Information Center and may be accessible in very limited circumstances by certain agencies.

How long does the expungement process take?

The expungement process in Alabama typically takes about 2-4 months from filing the petition to receiving the court’s decision. However, this can vary depending on the court’s caseload and the specifics of your case. More complex cases may take longer.

Step Toward a Brighter Future

By understanding the expungement process and checking your eligibility, you’re taking an important step toward a brighter future. Whether you have non-conviction charges, misdemeanors, or felonies, knowing your options can help you move forward with confidence. For personalized assistance and expert advice on expungement, contact Bennett Law today. Let us help you clear your record and start fresh.

Schedule Your Consultation With Bennett Law in Birmingham, AL

Are you ready to explore your options for clearing your criminal record? Contact Bennett Law in Birmingham, AL, to schedule a free legal consultation. Our experienced team is here to guide you through the expungement process. Don’t let your past hold you back—call our office at 205-498-8989 today to get started.