Ask A Lawyer
by Bob Bryan
Jul 07, 2014 | 1129 views | 0 0 comments | 3 3 recommendations | email to a friend | print
I was charged with misdemeanor in 1988 when I was 22. I did community service and the case was dismissed. I heard about a new law that can take this off my record. Do I qualify? - Martin, Jasper

The new Alabama Expungement Statute allows people who have been charged with certain criminal charges and were not convicted to have their criminal record ERASED! The statute takes effect July 7, 2014.

Having an “arrest record” often affects opportunities for employment, education, housing, loans, licenses, certifications and more. Your past arrest record is more accessible to the public than ever before in this age of social media. In fact, databases are being created each day putting together information regarding criminal arrests, criminal charges and criminal convictions.

Who is eligible for Expungement?

Misdemeanor Charges

You are eligible if you were charged with a misdemeanor criminal offense, a violation, a traffic violation, or a municipal ordinance violation. And, you would need to meet one of the following circumstances:

Charge was dismissed with prejudice

Charge has been no billed by a grand jury

You were found not guilty of the charge

Charge was dismissed without prejudice more than two years ago, has not been refilled, and you have not been convicted of any other felony, misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations during the previous two years.

Non-Violent Felony Charges

You are eligible if you were charged with a non-violent felony charge as long as you meet ONE of the following requirements:

Charge is dismissed with prejudice

Charge is no billed by a grand jury

You were found not guilty of the charge

Charge was dismissed after successful completion of a drug court program, mental health program, veteran’s court, or any other court approved deferred prosecution program after one year from successful completion of program

Charge was dismissed without prejudice more than five years ago, 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 five years.

What is actually expunged when the Court grants the Expungement Petition?

All records in the custody of the Court and any records in the custody of any other agency or official. The State of Alabama will destroy or remove ANY records in their possession.

Give us a call if you would like us to help. 205-387-7777

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

Please send your questions to: Ask A Lawyer P. O. Box 2309, Jasper, Alabama 35502

or call 205-387-7777 or email to: Bob@NelsonBryanJones.com

or to: news@mountaineagle.com

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.