Expungement lawyers in Alabama

Expungement Attorneys in Alabama


Expungement in Alabama

Effective July 1, 2014, the State of Alabama began allowing individuals to charged, but not convicted, of a non-violent felony or misdemeanor to petition the court for expungement. Filing for expungement requires the payment of a $300 administrative fee and petitioning the circuit court in the jurisdiction of the original charges.

Misdemeanor

A person who has been charged with a misdemeanor criminal offense, a traffic violation, or a municipal ordinance violation - if the charge was dismissed with prejudice, no-billed by a grand jury, the person was found not guilty of the charge, or the charge was dismissed without prejudice more than two years ago and has not been refiled.

If you were charged with a misdemeanor criminal offense, a traffic violation, or a municipal ordinance violation, and the charge was dismissed with prejudice, no-billed by a grand jury, you were found not-guilty of the charge, or the charge was dismissed with prejudice and has not been refiled you are eligible to petition for expungement. Note that if your charge was dismissed without prejudice you must wait at least two years and have no other other convictions, excluding minor traffic violations, in that period.

Non-Violent Felony

The act allows for expunging non-violent felony charges, in the event of a no-bill by a grand jury, a dismissal of the charge with prejudice, a finding of not guilty, and one year after completion of a diversion program like drug treatment, mental health treatment or veterans court.

A person is also eligible, if the charge was dismissed without prejudice more than five years ago, has not been refiled, and the person 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.

If you were charged with a non-violent felony and the charge was dismissed with prejudice, you were found not guilty, or was no-billed by a grand jury you are eligible to petition for expungement. You are also eligible if the charge was dismissed after the successful completion of a drug court program, mental health program, veteran's court, or any other court approved deferred prosecution program after one year from the time of completion of the program. If your charge was dismissed without prejudice there is a five year waiting period, in which the charge can not have been refiled or you can not have been convicted of any other felony or misdemeanor crime, excluding minor traffic violations, during that five year period.

Violent felonies as per the Alabama code are not eligible, including: capital murder, murder, manslaughter, assault, kidnapping, rape, sodomy, robbery, burglary, arson, stalking, sexual abuse and domestic violence 1 and 2.


Attorneys in Alabama

Andrea Lewis Pate Attorney At Law

Andrea Lewis Pate
1906 Delaware Avenue
Jasper, AL 35501