AL SB108 allows people who have with previous arrests for non-violent felonies, misdemeanors and traffic crimes to have their criminal record expunged, so long as the case ended in a dismissal with prejudice, a no-bill by a grand jury, a not guilty verdict or successful completion of a court-ordered diversion program.
Even those whose cases were dismissed without prejudice can be eligible, so long as five years have passed and the person hasn’t been arrested in the interim. People convicted of violent crimes, such as homicide, manslaughter, robbery or domestic violence, are not considered eligible for relief under the law.
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While these are the basic criteria, the individual facts of each situation will matter. Petitions will be considered on a case-by-case basis. Having an experienced Birmingham criminal expungement lawyer to help determine eligibility, prepare the request and provide the best evidence to bolster it will be important factors in receiving approval.
While some pundits have expressed concern that the price tag of the process (which includes a $300 administrative fee) will hinder some of the estimated tens of thousands who may be eligible, it’s important to note that expunging one’s record has a myriad of benefits – including financial – which can improve your life now and well into the future. (There is also an option for those who truly cannot afford the fee to submit an Affidavit of Financial Hardship, which will allow those fees to be paid in installments.)
One of the biggest gains individuals will see after the expungement is with job prospects. Employers can and often do scour the criminal records of prospective employees.
Although our criminal justice system holds the principle of “innocent until proven guilty” in high regard, employers are likely to see an arrest – even one that didn’t result in conviction – as a major mark against a worker. This is particularly true of alleged crimes related to theft or fraud.
Additionally, those applying for a job are legally required to answer honestly when asked if they have ever been arrested for a crime, and will likely be asked to provide details of the incident. However, when a record is expunged, a worker is legally permitted to answer “No” to this question.
Having a criminal record expunged can also help pave the way for loan approvals, including those for vehicles, homes and education financing. Some agencies take criminal records into account as an indication that someone may be less likely to meet required financial obligations. When this is combined with the difficulty one faces in getting employment, it’s two major strikes against you.
Another important reason to have a record expunged is that it will help your standing in domestic matters. Individuals seeking to gain child custody (or a greater degree of visitation), adopt a child (including stepchildren) or obtain guardianship for an elderly loved one may have a difficult time doing so with that arrest record hanging over their head.
No, Alabama law does not allow you to expunge a felony conviction. Expungement is possible for arrests or charges that do not lead to convictions for misdemeanors and certain felonies.
If a non-violent felony case was dismissed with prejudice, you have to wait 90 days to file a Petition for Expungement. For a non-violent felony case dismissed without prejudice, you must wait five years before filing.
If you obtain an expungement for an arrest, dismissal, or acquittal, it will take some time to go into effect. The records are sent to the Alabama Criminal Justice Information Center and kept in a protected file, which can be used for certain criminal investigations. All other records are destroyed. You may want to wait a few weeks before doing something that will require a background check. However, once the expungement is granted, you can begin to state you do not have a criminal record.
No convictions can be expunged in Alabama. Expungement is restricted to situations in which you were arrested or charged but not convicted. You can work with an attorney to file a Petition for Expungement related to an arrest that did not lead to charges, a dismissed case, or an acquittal at trial. You also can seek to expunge records of a case dismissed due to you completing a deferred prosecution program.