What will the Alabama Circuit Courts take into consideration when deciding to grant or deny a Petition for Expungement?
The expungement law in Alabama lays out certain requirements for someone to be eligible to petition the court to expunge a record of arrest. Further, the Alabama expungement law provides certain discretionary factors for the Circuit Court to consider when determining whether to grant an eligible Petition for Expungement. Below are those factors as listed in the statute law governing Alabama expungements:
“… In the discretion of the court, the court shall consider the following factors:
(1) Nature and seriousness of the offense committed.
(2) Circumstances under which the offense occurred.
(3) Date of the offense.
(4) Age of the person when the offense was committed.
(5) Whether the offense was an isolated or repeated incident.
(6) Other conditions which may have contributed to the offense.
(7) An available probation or parole record, report, or recommendation.
(8) Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement and the petitioner plead guilty to another related or lesser offense.
(9) Evidence of rehabilitation, including good conduct in prison or jail, in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful business or employment history, and the recommendation of his or her supervisors or other persons in the community.
(10) Any other matter the court deems relevant, which may include, but is not limited to, a prior expungement of the petitioner’s records. …” § 15-27-5 (Code of Ala.)
If you were ever arrested for a non-violent felony, misdemeanor, or other violation in Alabama and your case was ultimately dismissed, no-billed, or you were found “not guilty” you may be eligible to petition the proper court for an expungement of your arrest record. Find more information on our website: ExpungementAlabamaLawyer.com and feel free to contact our law office via our website, via email at [email protected] or call us at (256) 378-6087.