Category Archives: Misdemeanors
DUI Expungement in Alabama
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.
Expungement of Criminal Records – FAQs
The Alabama expungement law became effective the first of July 2014 and The Self Law Firm has already been receiving inquiries from potential clients interesting in taking advantage of the new law. In a response, we have developed this list of some of our most frequently asked questions as well as our best answers given our current understanding of this brand new law.
CAN A CRIMINAL CONVICTION BE EXPUNGED?
No. Only cases where the charges are dismissed (with or without prejudice), no billed by the Grand Jury, or where the person is acquitted after a trial can be expunged. In cases where the charges were dismissed without prejudice, special requirements must be met.
WHAT IS THE RESTRICTION ON CASES DISMISSED WITHOUT PREJUDICE?
A case that is dismissed without prejudice may be refiled at a later date. Because of this, the new law requires that these cases must have been dismissed at least two years prior, that the case has not beed refiled, and that the petitioner not have been convicted of any other crime (excluding minor traffic violations) in the past two years.
WHAT KINDS OF CASES CAN BE EXPUNGED?
Misdemeanors, violations, traffic citations and violations, and municipal ordinance violations can be expunged. Special restrictions apply to the expungement of felony cases.
WHAT ARE THE SPECIAL RESTRICTIONS THAT APPLY TO FELONY CASES?
Under the new law felony cases characterized as “violent felonies” may not be expunged.
I SUCCESSFULLY COMPLETED A DEFERRED PROSECUTION PROGRAM. CAN I GET MY RECORD OF THIS ARREST EXPUNGED?
Yes, assuming the program resulted in the charges being dismissed. The new law does require that you wait one year after completion of the program before you can apply for expungement.
IS THERE A WAITING PERIOD FOR FELONY CASES WHICH WERE DISMISSED WITHOUT PREJUDICE?
Yes. If your offense was a felony, and the case was dismissed without prejudice, you must wait five years from the time of the dismissal before you can apply for expungement. The additional requirements that listed earlier must also be met.
IS THERE A WAITING PERIOD FOR FELONY CASES DISMISSED WITH PREJUDICE?
Yes. If the case is a felony, and the case is dismissed with prejudice, you must wait ninety days before you can apply for expungement under the new Alabama Expungement Law.
WHAT IS THE COST FOR FILING A PETITION FOR EXPUNGEMENT?
The new Alabama expungement law provides that you must pay a filing fee of $300.00 in addition to any additional court costs or docket fee imposed by the local Circuit Court Clerk where the petition is filed.
WILL I HAVE TO HAVE A HEARING ON MY EXPUNGEMENT PETITION?
Maybe. If either the prosecuting authority or the victim / complainant objects to the expungement, the Court must schedule a hearing. If there are no objections, and the Judge has enough information from what is contained in your Petition to make a decision, no hearing may be necessary.
WHAT HAPPENS WHEN THE EXPUNGEMENT PETITION IS GRANTED AND MY CASE IS EXPUNGED?
The Court will order that all records concerning your arrest and the case be expunged, or removed from the records of the court, any agency or official, law enforcement, the Board of Pardons and Paroles, and the district attorney. The records are forwarded to the Alabama Criminal Justice Information Center (ACJIC) in Montgomery.
Is your arrest history keeping you from reaching your full potential? Do old cases keep coming up in your background checks? Erase your old criminal record. Call The Self Law Firm at 205-647-1000.
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