EXPUNGEMENTS IN ALABAMA

The Alabama expungement law (Code of Alabama Section 15-27-1 through 15-27-19) provides a limited opportunity to have your criminal record or arrest record expunged.  We have handled numerous expungement petitions for clients throughout the State of Alabama and welcome the opportunity to help you get your name cleared.

A non-felony charge (a misdemeanor criminal offense, a violation, a traffic violation OR a municipal ordinance violation) may be expunged if one of the following criteria are met: 

• the charge was dismissed with prejudice
• the charge was no billed by a grand jury
• the defendant was found not guilty of the charge
• the charge was dismissed without prejudice more than two years ago, has not been refiled, and the defendant has 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

A non-violent felony charge may be expunged if: 

• if the charge was dismissed with prejudice
• the charge was no billed by a grand jury
• the defendant was found not guilty of the charge
• 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 one year has passed from the successful completion of the program
• if the charge was dismissed without prejudice more than five years ago, was not refiled, and the petitioner has 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
• ninety days have passed from the date of dismissal with prejudice, no-bill, acquittal, or nolle prosequi and the charge has not been refiled

Factors the court will consider when ruling on your Alabama Expungement Petition:

• Nature and seriousness of the offense alleged
• Circumstances under which the offense occurred
• Date of the offense and the age of the Defendant when the offense was committed
• Whether the offense was an isolated or repeated incident
• Other conditions which may have contributed to the offense
• An available probation or parole record, report or recommendation
• Whether the offense was dismissed as a part of a negotiated plea agreement with a guilty plea to another related or lesser offense
• Evidence of rehabilitation, including good conduct in prison or jail, in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful business or employment history, and the recommendation of the Defendant’s supervisors or other persons in the community
• Any other matter the court deems relevant, which may include but it not limited to a prior expungement of the Defendant’s record

Call us today at 251-378-2720 and let us help you clear your record.