ALABAMA EXPUNGEMENT LAW PASSES

Alabama Expungement Law Passes And Is Signed By Governor Into LawAlabama Expungement

The Alabama Legislature passed an Alabama Expungement Bill this year and the bill was signed in to law on April 7, 2014.  The law will become effective on July 7, 2014.  We have been reporting in the past on unsuccessful attempts to get legislation passed allowing expungement of criminal records in Alabama for dismissed cases and cases where a defendant is found not guilty.  It is with great joy that we can now report that Alabama has a new expungement law.

We have set out some of the details of the law in a prior post.  The new Alabama expungement law allows for the expungement of the following types of misdemeanor cases:

  • Where the charge is dismissed with prejudice
  • When the charge has been no billed by a grand jury
  • When the person has been found not guilty of the charge
  • When the charge was dismissed without prejudice, 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 two years

The new expungement law also calls for the expungement of some felony cases, those that are not considered as “Violent Felonies” under the Alabama Sentencing Guidelines, under the following circumstances:

  • Where the charge is dismissed with prejudice
  • When the charge has been no billed by a grand jury
  • When the person has been found not guilty of the charge
  • When the charge was dismissed without prejudice, 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 two years

 

As we have reported previously, the requirements for filing a petition for expungement are complicated.  We always advise anyone to contact an attorney to discuss any legal matter and certainly advise taking an attorney with you whenever you go to court.  Expungement situations are no exception.  An experienced Alabama criminal defense attorney will play a crucial part in obtaining an expungement.

The lawyers at Bradford Ladner LLP have spend a considerable amount of time studying the expungement process under the new Alabama expungement law, and would be happy to assist you in obtaining the expungement of your record.

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205-802-8823