Expungement Alabama Basics
Contents
Expungement is the legal elimination of an individual’s criminal record. The record will subsequently be erased. This can include striking out, obliterating, or destroying records. Each state has its own forms of expungement, while some do not allow expungement for any kind of criminal record.
Only certain kinds of records are eligible for expungement and vary from state to state. An expunged record will allow an individual to state that he or she was never arrested or convicted of a crime. Expungement will allow individuals to obtain work without the loom of a past arrest.
If an individual is pardoned from a misdemeanor or felony offense he or she may have his or her record expunged. Pardons are not possible for cases of impeachment, treason, or sentences including capital punishment. Driving under the influence offenses also have the option of expungement, but only if there was no result of death or injury.
Eligibility
In the state of Alabama, expungement is only possible for those who have been incorrectly charged and sentenced in cases where no conviction was obtained. Again, these cases vary. This means that if an individual is convicted or charged with a crime, he or she may be eligible for expungement if he or she proves that the information about the crime was incomplete or incorrect.
An individual who was under investigation for child abuse but did not obtain a conviction may have his or her record expunged in Alabama. If a criminal conviction is repealed, then an individual may have his or her DNA records returned or eliminated. Individuals who complete pretrial diversionary programs or pre-prosecution may also be eligible for expungement.
Only certain records are eligible for expungement in Alabama. These include records in relation to child abuse investigations, DNA records, and incorrect or incomplete information about criminal convictions. In child abuse cases the record must be expunged through the authority or agency that investigated the case.
Expungement Process
In Alabama, the process for getting a criminal record expunged is relatively straightforward. First, you must determine if your record is eligible for expungement by consulting the state’s laws. Certain types of convictions, such as felonies and violent misdemeanors, are not eligible for expungement.
When an individual desires an expungement in an incomplete or incorrect case, he or she must submit a request to the Alabama Criminal Information Center. He or she must also provide the correct information to prove innocence. Other cases will be filed with the Alabama Board of Pardons and Paroles. Paperwork must also be submitted, within thirty days of filing, to the district attorney, the Attorney General, and the judge who oversaw the case.
Once your petition has been filed and accepted by the court, you will need to wait until a hearing date is set. At this hearing, you will need to present evidence that supports why your record should be expunged and answer any questions the judge may have. If the judge grants your request, then your criminal record will be sealed from public view and employers will no longer be able to access it.
If a request is denied, an individual may appeal to the circuit court within thirty days of the denial. In the case of a child abuse investigation, an individual will apply to the investigating authority or agency. Under the law, the authority or agency must expunge the information and all associated records.
Juvenile Records
Most juvenile records may also be sealed in the state of Alabama. This is only possible following two years of discharge and no outstanding subsequent criminal charges or participation in criminal acts. A juvenile driving under the influence offense may be sealed rather than expunged. When filing paperwork, all those associated with the case must be informed, including the prosecuting attorney, the heading law agency, and the authority who granted the discharge.
How to get a felony expunged in Alabama
Getting a felony expunged in Alabama can be a complex process. The first step is to determine if your particular conviction is eligible for expungement. Not all felonies are eligible, and some may require a pardon from the governor before they can be expunged.
Once you have determined that your conviction is eligible for expungement, you will need to file a petition with the court in the county where the conviction occurred. You will need to provide proof of rehabilitation and any other evidence that shows why your felony should be expunged.
If your petition is approved, the court will order an official record of the expungement. You will then need to provide this record to any potential employers or other parties who may inquire about your criminal history. It’s important to note that even though you have had your felony expunged, it may still show up on background checks conducted by certain government agencies or private companies.
Summary
The expungement process in the state of Alabama can be a difficult one. However, the ability to erase your criminal record is an invaluable opportunity for those who have been convicted of crimes that they regret or who have made mistakes in their past and wish to move on with their lives. It is important to remember that until an expungement petition is granted, the criminal record remains viewable and available to potential employers, landlords, and other entities.
