The Alabama Redeemer act has opened doors for many people who have been arrested, and even convicted of certain crimes to get a clean slate. Expungement seals your record, so that it cannot be found by a normal background check. This in effect, gives you a second chance at a clean record. Expungement law in Alabama has long only allowed for the expungement of arrests that did not result in a conviction, and the law also placed significant restrictions on the crimes that could be expunged. While there are still restrictions in place, the Alabama Redeemer Act has lifted many of these restrictions. Read on to see if your case may be eligible for expungement.
Your arrest may be eligible for expungement if:
(1) When the charge has been dismissed with prejudice and more than 90 days have passed.
(2) When the charge has been no billed by a grand jury and more than 90 days have passed.
(3) When the person has been found not guilty of the charge and more than 90 days have passed.
(4) When the charge has been nolle prossed without conditions, more than 90 days have passed, and the charge or charges have not been refiled.
(5) When the indictment has been quashed and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled.
(6)a. When the charge was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran’s court program, or any other court-approved deferred prosecution program.
- Expungement may be a court-ordered condition of a program listed in paragraph a.
- A petition for expungement may be filed one year from the date of successful completion of a program listed in paragraph a.
(7) When the charge was dismissed without prejudice more than one year ago and 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 two years for misdemeanor arrests or when the charge was dismissed without prejudice more than five years ago and 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 for felony arrests.
Under the new law, most misdemeanor convictions may also be expunged. The biggest change is that misdemeanor domestic violence convictions can now be expunged. Your misdemeanor conviction is eligible for expungement if all the following conditions are met
(1) Except as provided in Section 15-27-4, all probation or parole requirements have been completed, including payment of all fines, costs, restitution, and other court-ordered amounts, and are evidenced by the applicable court or agency.
(2) Three years have passed from the date of conviction.
(3) If the person was convicted of any of the offenses enumerated in 49 C.F.R. § 383.51, the person was not operating a commercial motor vehicle at the time of the offense, or was not holding a commercial driver license or a commercial learner’s permit at the time of the offense.
(4) The conviction is not a violent offense, as provided in Section 12-25-32.
(5) The conviction is not a sex offense, as provided in Section 15-20A-5.
(6) The conviction is not an offense involving moral turpitude, as provided in Section 17-3-30.1.
(7) The conviction is not a serious traffic offense, as provided in Article 9 of Chapter 5A of Title 32.
Under the new law, certain felony convictions may also be expunged. For your felony conviction to be eligible the following conditions must be met:
(1) The person has been granted a certificate of pardon with restoration of civil and political rights for the conviction from the Board of Pardons and Paroles.
(2) All civil and political rights that were forfeited as a result of the conviction have been restored.
(3) One hundred eighty days have passed from the date of the issuance of the certification of pardon.
(4) Except as provided in subsection (b), the conviction is not a violent offense, as provided in Section 12-25-32.
(5) The conviction is not a sex offense, as provided in Section 15-20A-5.
(6) The conviction is not an offense involving moral turpitude, as provided in Section 17-3-30.1.
Be sure to contact Shane A. Taylor and Associates if you think that you may be eligible for an expungement.