Criminal Record Expungement

What is Expungement?

Expungement consists of the removal of a conviction from a person’s criminal history record accessible for public purposes, such as an employee background check. This is also referred to as having your record sealed or having your judgement set aside. Not all charges are eligible for expungement. Any expunged records are still available to the court or law enforcement.

If you were previously arrested for a criminal charge, and you qualify under Alabama law, you may file for the expungement of your conviction in the Circuit Court of the jurisdiction where the original charge was filed. A separate filing is required for each charge for which you seek expungement for. 

If the court grants the petition for expungement, each agency that maintains any record related to the expunged charge must forward all such records to the Alabama Law Enforcement Agency (ALEA). ALEA will digitally store any records received and destroy physical records. The expunged information is then sealed and separated from the official criminal history record. Some agencies may still be able to access the official criminal history record for law enforcement purposes, but any expunged record is no longer part of a person’s criminal record for public purposes.

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 not 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: 

• The charge was dismissed without prejudice more than five years ago, was not re-filed, 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 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 re-filed,
• 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, 
• 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 expungement of your criminal record can open new doors for you and set you up for greater success in every aspect of your professional and personal life. Don’t let an old conviction hold you back from living your best life. Call Brackin Law Firm  today and let’s clear the path for your new life today.