Expungements

Knowledgeable Birmingham Criminal Defense Lawyer Helping Clients Get a Fresh Start by Clearing Arrest Records and Old Convictions

If you’re looking to clear your criminal record in Alabama, understanding the state’s expungement laws is crucial. Expungement allows you to erase or seal records of certain criminal charges from public view, which can help you move on with life without the shadow of past mistakes. However, Alabama’s expungement laws are complex, and prosecutors may challenge your request, making it important to have the assistance of an experienced Birmingham expungement attorney.

At the Stoves Law Firm, P.C., we’ve helped countless clients wipe their criminal record clean by successfully petitioning the court for an expungement. We’re very familiar with what charges can be expunged, how the process works, and what can be done to increase your chances of success. If you have old criminal charges on your record preventing you from getting a job or going back to school, or you’re tired of having a criminal record, reach out to the Stoves Law Firm, P.C. today to schedule a free consultation.

The Effect of an Expungement

If the court approves your expungement, the records will be sealed, meaning they won’t be accessible to the general public, and you can legally deny the occurrence of the arrest or charges in most situations. However, expunged records might still be used by law enforcement and other government agencies under certain conditions.

What Charges Can Be Expunged in Alabama?

If you are looking to have your criminal record expunged, the first place to start is to determine if you are eligible for an expungement. There are a few different sets of requirements, depending on the type of case and whether you were convicted.

Misdemeanors and Traffic Violations Not Ending in a Conviction

The easiest expungements are those related to misdemeanors and traffic violations that didn’t end in a conviction. This includes cases where the charge was dismissed with prejudice, no billed by a grand jury, or dismissed without prejudice, and more than one year has passed without re-filing of the charge. You can also obtain an expungement if the charge was dismissed after you successfully completed a diversionary program, such as veterans court, drug court, or mental health court.

Felonies Not Ending in a Conviction

For felonies that did not end in a conviction, the requirements are similar to those for misdemeanor arrests; however, the waiting periods may be longer. 

Misdemeanors Conviction

If you were convicted of a misdemeanor, you may still be eligible for an expungement; however, to do so, you must wait until:

• You completed all probation or parole obligations,
• You paid all court costs and fees, and
• Three years have passed since the date you were convicted.

However, not all misdemeanors can be expunged. For example, sex offenses, violent crimes, serious vehicle offenses and certain theft crimes offenses are ineligible.

Felony Convictions

Alabama law allows certain felony convictions to be expunged in very limited circumstances. Sexual offenses, serious traffic violations, violent crimes, and certain offenses involving “moral turpitude” are ineligible; however, for other felonies, you’ll need to establish the following:

• You obtained a certificate of pardon from the Board of Pardons and Paroles,
• Your civil and political rights have been restored, and
• It’s been 180 days since you obtained a certificate of pardon.

Special Rules Apply to Victims of Trafficking Seeking Expungement

If you were a victim of trafficking, you might be able to get certain otherwise ineligible convictions expunged, provided you can show that the crime occurred while you were being trafficked and that it would not have occurred had you not been the victim of trafficking.

Are you Looking for a Fresh Start?

If you have a criminal record consisting of one or more old convictions or arrests, you may be able to wipe your record clean by pursuing an Alabama expungement. At the Stoves Law Firm, P.C. Attorney Jason Stoves has been successful in obtaining expungements on behalf of many clients, helping them move on with their lives after an arrest or conviction. We have a deep understanding of the complex Alabama expungement laws and are immediately available to meet with you to advise you of your options. To learn more, and to schedule a free consultation today, call the Stoves Law Firm, P.C. at (205) 823-7233, or you can connect with us through our secure online contact form.