If you have been arrested for a criminal offense, you know how it impacts your life. Fortunately, Alabama’s criminal defense law offers an opportunity to expunge certain arrest records. These answers to typical questions about the expungement law and the process might help you clear your record.

FAQ About Expunging Records Under Alabama Criminal Defense Law

What does expungement mean?

Expungement of records means removing criminal charges from public records of someone’s criminal history. Expunging records prevents employers from accessing them when performing employee background checks.

However, courts and law enforcement agencies can access expunged records when they acknowledge an investigation involving the person whose record was expunged. 

Can my criminal conviction be expunged?

Generally, criminal convictions cannot be expunged. Non-felony charges, including misdemeanor traffic offenses and municipal ordinance violations, and certain non-violent felony charges are eligible for expungement after dismissal.

In addition, a 2017 amendment to the law allows individuals who are found not guilty of any felony after a trial before a judge or jury to have their records expunged.  

How can I qualify for an expungement?

For cases dismissed without prejudice, you must wait at least five years from the dismissal date to seek expungement. During that time, you must not have any other criminal convictions except minor traffic offenses. For non-violent felony charges dismissed with prejudice, there is a minimum 90-day waiting period before filing.

How does the process work?

To expunge a charge, you must file a petition for expungement in the circuit court of the county where your arrest was filed. A petition must include certified copies of certain records and documents, the grounds the court should consider, and the specific criminal charges to be expunged. If an objection is filed, the court holds a hearing. Otherwise, it may grant the petition as submitted without a hearing.

To expunge a criminal record, get help from the experienced criminal defense lawyers at J.P. Coleman Law, LLC, Attorneys at Law. This full-service law firm has been a strong advocate for residents of Baldwin County, AL, since 2012. These lawyers ensure you understand your rights, how the legal process works, and what to expect at every stage. Call (251) 947-6247 today to schedule a free consultation and visit their website to learn more about the legal services they offer.