Do I qualify for an Alabama Expungement?
1) Did the charge you want to expunge take place in the State of Alabama?
YES – Continue to the next question.
NO – Our law firm only handles Expungement of Alabama charges.
2) Was your case dismissed, no billed by a grand jury, OR were you found Not Guilty?
YES – Continue to the next question.
NO – If you were found guilty your case is not eligible for Expungement under current Alabama law, unless you were a victim of human trafficking at the time of the incident (See: Section 15-27-2(a)6 and (b) Code of Ala.). However, you may be eligible to apply for a pardon in Alabama.
3) Was the offense you were charged with, but not convicted, a misdemeanor, a violation, traffic violation, or a municipal ordinance violation?
YES – If the charge was dismissed WITH prejudice, no-billed by a grand jury, OR you were found Not Guilty, you may be eligible to file a Petition for an Expungement of the charge. Contact our law firm to learn more. If the charge was a misdemeanor, violation, traffic violation, or a municipal ordinance violation that was dismissed WITHOUT prejudice – more than two years must pass, the case has not been refiled, and you have 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.
NO – Continue to next question.
4) Was the offense you were charged with, but not convicted, a violent felony?
YES – If the felony offense you were charged with is a violent felony as defined by Alabama law the charge is eligible to be expunged IF and ONLY IF you were found “Not Guilty” after a jury or judge trial. This is per a 2017 amendment to the Alabama Expungement Law. Click the following link: https://www.expungementalabamalawyer.com/arrest-records-violent-felonies-eligible-expungement-alabamas-current-expungement-law/ to view a list of violent felony charges in Alabama that are NOT eligible to be expunged currently.
NO – Continue to the next question.
5) Was the offense you were charged with, but not convicted, a non-violent felony?
YES – If the non-violent felony you were charged with was dismissed WITH prejudice, no billed by a grand jury, or you were found not guilty of the charge – after ninety (90) days you may be eligible to file a petition to have the arrest expunged.
If the non-violent felony charge was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran’s court, or any court-approved deferred prosecution program after one year from successful completion of the program you may be eligible to file a petition to expunge your arrest.
If the charge was dismissed WITHOUT prejudice more than five years ago, 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 you may be eligible to file a petition to expunge your arrest.
NO- If the offense you were charged with was a “violent felony” as defined by Alabama law, then your arrest is not eligible to be expunged in Alabama. See the list of “violent felonies” in Alabama on our website.
6) If I still owe court ordered monies on my case that was dismissed can I still get the charge expunged?
NO – The Alabama Expungement law provides that “No order of Expungement shall be granted unless all terms and conditions, including court ordered restitution, are satisfied and paid in full, including interest, to any victim, or the Alabama Crime Victim’s Compensation Commission, as well as court costs, fines, or statutory fees ordered by the sentencing court to have been paid, absent a finding of indigency by the court.”
7) If I do not live in Alabama but my criminal charge was in Alabama, can you represent me in an Alabama Expungement case?
YES – We can represent you. An Alabama Expungement lawyer can represent you in a Petition to expunge a charge in Alabama even if you do not live or never lived in Alabama. Feel free to call or email Attorney, Jordan M. Copeland today.