Have you been struggling with a criminal record in Alabama? You still have time to clear your record with help from a Birmingham expungement lawyer at Jaffe, Hanle, Whisonant & Knight, P.C. Contact our law office at (205) 930-9800 to review your situation and provide initial legal advice.
A past arrest or conviction can impact your life in many ways, making it hard to find a job, secure housing, or move forward. We are a top-rated criminal defense law firm in Alabama that will make your case a top priority. Our team has 100 years of combined experience, and we’ve helped clients successfully fight back against all kinds of charges. We’re confident that we can help you achieve a favorable outcome.
How Jaffe, Hanle, Whisonant & Knight, P.C. Can Help With Your Expungement in Birmingham, Alabama
Living with a criminal record can be challenging, but you don’t have to face this process alone. Our experienced Birmingham expungement attorneys are here to guide you every step of the way.
The legal system can be confusing, but we understand Alabama’s expungement laws inside and out. We will use our knowledge to your advantage throughout the process.
Some of the ways we’ll be able to help include:
- Thoroughly reviewing your criminal record and determining your eligibility for expungement
- Filing the necessary paperwork correctly and on time to strengthen your case
- Gathering any required documents or evidence to support your expungement petition
- Working to have your charges expunged so you can move forward without the burden of a criminal record
- Ensuring you understand your legal rights and options at every stage
- Representing you at any court hearings, if necessary, to advocate on your behalf
Our experienced Birmingham criminal defense attorneys are dedicated to helping you achieve the best possible outcome. With our team’s extensive experience, we’ll do everything in our power to help you clear your record.
Call our law offices in Birmingham, AL, today to get started with a free case review.
A Brief Overview of Expungement Law in Alabama
Expungement is the legal process of erasing or sealing arrest records and certain criminal charges from your record. In Alabama, recent changes to the law have expanded the types of offenses that can be expunged. Under Alabama law, you may be eligible to expunge:
Misdemeanor charges, traffic violations, or municipal ordinance violations if:
- The charge was dismissed with prejudice
- You were found not guilty at trial
- The charge was no-billed by a grand jury
- You completed a diversion or pretrial intervention program
Non-violent felony charges if:
- The charge was dismissed with prejudice
- You were found not guilty
- The charge was no-billed by a grand jury
- You completed a drug court program, diversion program, or specialty court.
It’s important to note that certain serious offenses, like violent felonies, sex crimes, and crimes involving children, are generally not eligible for expungement. A three-year time waiting period might also apply to certain expungement requests.
What Are the Potential Benefits of Expungement?
Having your record expunged can offer many benefits that can positively impact your life. Some of these benefits include:
- Improved employment opportunities: Without a criminal record, you’ll have a better chance of getting hired for jobs that require background checks.
- Better housing options: Landlords often perform background checks. Expungement can make it easier to find a place to live.
- Access to education: Schools and training programs may deny admission based on criminal records. Clearing your record can open doors to educational opportunities.
- Restored reputation: Expungement can help you rebuild your personal and professional reputation.
- Peace of mind: Knowing that your past is no longer holding you back can provide relief and confidence as you move forward.
By removing the barriers created by a criminal record, expungement allows you to pursue your goals without unnecessary obstacles.
What Is the Expungement Process in Birmingham, AL?
The expungement process in Alabama involves several steps, and it’s important to follow them carefully to increase your chances of success. An experienced criminal defense attorney in Birmingham can make all the difference throughout the process, ensuring your legal rights are maintained at all times.
Step 1: Determine Eligibility
First, you’ll need to find out if you’re eligible for expungement. This depends on the type of charges, the outcome of your case, and other factors.
Step 2: Gather Necessary Documents
You’ll need to collect important documents, such as:
- Certified copies of the charge or case records
- Proof of completion of any required programs or probation
Any other relevant legal documents may be helpful as well.
Step 3: File a Petition for Expungement
Next, you’ll file a formal petition with the court where the charges were filed. This petition must include specific information and be filed correctly.
Step 4: Notify Relevant Parties
You’ll need to serve a copy of the petition to the district attorney and other involved parties. They have the right to object to your expungement.
Step 5: Attend a Court Hearing (if required)
In some cases, the court may schedule a hearing. You’ll need to present your case and explain why expungement should be granted.
Step 6: Court Decision
The judge will review your petition and any objections. If the judge approves, they will issue an order to expunge your record.
Step 7: Record Expungement
Once the order is issued, your records will be sealed or destroyed, and they won’t appear on background checks.
Having an experienced expungement lawyer can help ensure that each step is handled properly, increasing your chances of a successful outcome.
What Defenses Can I Raise if My Expungement Is Challenged?
While expungement is often straightforward, sometimes the district attorney or others may object to your petition. If that happens, you may need to defend your request to have your charges expunged. Possible defenses include:
- Demonstrating rehabilitation: Showing that you’ve turned your life around since the charges
- Highlighting compliance: Proving that you’ve met all legal requirements, such as completing programs or probation
- Emphasizing lack of public interest: Arguing that keeping the record does not serve the public interest
Our attorneys will help you prepare for any challenges and represent you in court to advocate for your expungement.
Schedule a Free Case Evaluation With Our Experienced Birmingham Expungement Lawyers
Living with a criminal record can be overwhelming, but you don’t have to face it alone. You likely still have time to clear your record with legal help. While you have the right to handle the expungement process on your own, it may be in your best interest to hire a private attorney. The legal process can be complex, and any mistakes could delay or prevent your expungement.
At Jaffe, Hanle, Whisonant & Knight, P.C., our Birmingham expungement lawyers have 100 years of combined experience. We know Alabama law and will work hard to help you clear your record as quickly and efficiently as possible. Contact our offices today at 205-930-9800 to schedule your free consultation. We’re here to answer your questions and guide you through the next steps.
Our Criminal Defense law firm in Birmingham also provides:
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Visit Our Criminal Defense Law Office in Birmingham, AL
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S Suite 100, Birmingham, AL 35205
(205) 930-9800