Category Archives: Expungement

DUI Expungement in Alabama

January 5, 2016   DUI, Expungement, Misdemeanors

If you were charged with a crime as an adult in Alabama, then you should be aware that there are police and court records about your arrest and court case, even if you were found not guilty or the charges were disposed of in your favor. There is good news, though, because in April of 2014 the Alabama Legislature passed a new expungement law.

Expungement is a term you may not have heard of before. it means to zap, clear or erase something. Alabama’s new expungement law provides a method by which people who were charged with a crime but who were found not guilty or had the charge disposed of in their favor can get their police and court records expunged. With limited exceptions, if a potential employer or other entity contacts the police department or court to ask about the expunged case, the police and court must answer that they have no record of the incident.

Employers often reject people with past criminal charges who they otherwise would have hired. When a person who has been granted an expungement is asked in an interview or on a job application “have you ever been arrested or charged with a crime,” in most circumstances the person will legally be able to answer “NO.”

Let The Self Law Firm help you expunge your DUI arrest. Call to setup a consultation today: 205-647-1000.

Expungement is not automatic for those who meet the eligibility requirements. A new court action must be filed on your behalf in the circuit court. The procedure for filing an expungement action is highly technical. You should hire an experienced attorney who is very familiar with the both expungement law and criminal defense to represent you. There are certain types of violent felonies that are not eligible for expungement. Those ineligible offenses are set out in Alabama Code § 12-25-32(14), which include primarily crimes of physical or sexual violence. Other than those offenses, all other Alabama criminal charges are eligible under the expungement law.

In certain situations a person may file a petition for expungement immediately after their criminal case has been disposed. In most cases a person must wait some period of time before they can file for an expungement. For example, if a misdemeanor (most DUI cases are misdemeanors) is dismissed “without prejudice” the person who was charged may file for expungement after two years if the charge was not refiled and the person has not been convicted of any other crime other than minor traffic violation during the previous two years. For a felony that was dismissed without prejudice the time period is five years. These are not the only applicable time periods. They are merely examples.

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Non-expungeable crimes in Alabama

August 14, 2014   Expungement, Felonies, Legislation, Violent Crimes

The following “violent crimes” as defined in Alabama Code Section 15-27-1 (et seq.) regarding the Alabama Sentencing Commission and Alabama Sentencing Guidelines are excluded from Alabama Expungement Law.

  1. Capital murder pursuant to Sections 13A-6-2 and 13A-5-40
  2. Murder pursuant to Section 13A-6-2
  3. Manslaughter pursuant to Section 13A-6-3
  4. Criminally negligent homicide pursuant to Section 13A-6-4
  5. Assault I pursuant to Section 13A-6-20
  6. Assault II pursuant to Section 13A-6-21
  7. Compelling street gang membership pursuant to Section 13A-6-26
  8. Kidnapping I pursuant to Section 13A-6-43
  9. Kidnapping II pursuant to Section 13A-6-44
  10. Rape I pursuant to Section 13A-6-61
  11. Rape II pursuant to Section 13A-6-62
  12. Sodomy I pursuant to Section 13A-6-63
  13. Sodomy II pursuant to Section 13A-6-64
  14. Sexual torture pursuant to Section 13A-6-65.l
  15. Sexual abuse I pursuant to Section 13A-6-66
  16. Enticing a child to enter a vehicle for immoral purposes pursuant to Section 13A-6-69
  17. Stalking pursuant to Section 13A-6-90
  18. Aggravated stalking pursuant to Section 13A-6-91
  19. Soliciting a child by computer pursuant to Section 13A-6-110
  20. Domestic violence I pursuant to Section 13A-6-130
  21. Domestic violence II pursuant to Section 13A-6-131
  22. Burglary I pursuant to Section 13A-7-5
  23. Burglary II pursuant to Section 13A-7-6
  24. Burglary III pursuant to Section 13A-7-7
  25. Arson I pursuant to Section 13A-7-41
  26. Criminal possession of explosives pursuant to Section 13A-7-44
  27. Extortion I pursuant to Section 13A-8-14
  28. Robbery I pursuant to Section 13A-8-41
  29. Robbery II pursuant to Section 13A-8-42
  30. Robbery III pursuant to Section 13A-8-43
  31. Pharmacy robbery pursuant to Section 13A-8-51
  32. Terrorist threats pursuant to Section 13A-10-15
  33. Escape I pursuant to Section 13A-10-31
  34. Promoting prison contraband I pursuant to Section 13A-10-36, involving a deadly weapon or dangerous instrument
  35. Intimidating a witness pursuant to Section 13A-10-123
  36. Intimidating a juror pursuant to Section 13A-10-127
  37. Treason pursuant to Section 13A-11-2
  38. Discharging a weapon into an occupied building, dwelling, automobile, etc., pursuant to Section 13A-11-61
  39. Promoting prostitution I pursuant to Section 13A-12-111
  40. Production of obscene matter involving a minor pursuant to Section 13A-12-197
  41. Trafficking pursuant to Section 13A-12-231
  42. Child abuse pursuant to Section 26-15-3
  43. Elder abuse pursuant to Section 38-9-7
  44. Terrorism pursuant to Section 13A-10-152
  45. Hindering prosecution for terrorism pursuant to Section 13A-10-154
  46. Any substantially similar offense for which an Alabama offender has been convicted under prior Alabama law or the law of any other state, the District of Columbia, the United States, or any of the territories of the United States
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