How Do I Clear My Record? What You Need To Know About Record Expungement in Alabama
A criminal record can affect nearly every part of your life. It may prevent you from doing things like getting a job, renting an apartment, or even qualifying for certain professional licenses. In Alabama, record expungement gives people a chance to move forward without being permanently weighed down by past mistakes.
If you’re considering expungement, it’s important to understand who qualifies and how the process works. Read on for more information, and set up a free consultation with an expungement attorney if you need help.
What Is Expungement in Alabama?
Expungement is a legal process that removes certain criminal charges from your public record. Once a charge is expunged, it will no longer appear in most background checks for employers and landlords.
Alabama law allows for the expungement of both misdemeanor and some felony charges in certain circumstances. However, the rules are strict, and not all cases are eligible.
Who Is Eligible for Expungement?
Eligibility depends on the outcome of your case and the type of offense. Under Ala. Code § 15-27-1, you may qualify if:
- Your charge was dismissed with prejudice
- You were found not guilty at trial
- The grand jury did not indict you
- You successfully completed a diversion or deferred prosecution program
- You had certain misdemeanor or felony convictions, and enough time has passed since the completion of your sentence
Note that more serious crimes (such as violent felonies or most sex offenses) are generally not eligible for expungement.
How the Expungement Process Works
Clearing your record in Alabama is not automatic. You must actively petition the court and meet specific requirements.
The steps include:
- Filing a petition in the circuit court where the charge or conviction occurred
- Notifying interested parties, including the district attorney and the law enforcement agency involved in your case
- Paying filing fees, unless they are waived for financial hardship
- Attending a hearing if the prosecutor or another party objects
- Receiving a court order, if the judge grants your petition, requiring agencies to remove the record from public view
Almost everyone will benefit from having an experienced criminal defense attorney guide them through this process, as the rules can be complicated and must be followed exactly.
What Are the Benefits of Expungement?
The advantages of clearing your record are significant.
Once your charge or conviction is expunged:
- Employers will no longer see it in background checks
- You may have an easier time securing housing
- Professional licensing boards and schools are less likely to deny your application
- You can apply for jobs and opportunities without the stigma of a criminal record
While law enforcement may still retain a confidential record, the public will not have access to it. If you’re facing difficulties in your life as a result of a criminal history, it’s worth looking into whether you can have your charges expunged.
How Long Does It Take to Get an Expungement in Alabama?
The expungement timeline varies depending on your case’s complexity and whether objections are filed. In many cases, the process takes several months from the date you submit your petition. The sooner you start, the sooner you may be able to clear your record.
Contact the Birmingham Criminal Defense Attorneys at Jaffe, Hanle, Whisonant & Knight, P.C. for Help Today
If a past arrest or conviction is keeping you from moving forward, expungement may be the solution. Alabama law may offer you a second chance, but you must take the right legal steps to secure it.
At Jaffe, Hanle, Whisonant & Knight, P.C., we’re ready to protect your rights. For more information, contact an experienced Birmingham expungement attorney at Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation to discuss your eligibility and begin the process of clearing your record.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800