Expungements

What are Expungements?

The term Expungement is defined as "To blot out; to efface designedly; to obliterate; to strike out wholly." From a practical standpont, it represents the ability of those individuals who qualify to erase past criminal records. Individuals in Auburn, Alabama, Opelika, Alabama or who previously resided in Auburn, Alabama or Opelika, Alabama will be able to apply for an Expungement in Circuit Court, regardless of the venue the original offense was adjudicated. If granted by a Judge, those eligible records would cease to be available to the public in court records, police records, and on National Crime Information Center background checks.

The new law is very specific on how these cases are handled and reviewed. This is not an "undo" button and not all will quality. A very specific set of circumstances must be met. However, McCollum and Wilson can help you determine whether or not you quality and can help get your past records expunged for those who quality for criminal record expungement in Alabama.

Who qualifies for expungement?

Misdemeanor, Municipal Ordinances, and traffic violations:

i. When charge is dismissed with prejudice

ii. When it is no billed

iii. When you are found not guilty

Felony offenses (violent crimes are specifically excluded)

i. When dismissed with prejudice

ii. When it is no billed

iii. When you are found not guilty

iv. One year from when you successfully complete a diversion program

When can records be expunged?

90 Days After:

i. Dismissal of charge with prejudice

ii. No-bill by grand jury

iii. Acquittal at trial

iv. Nol pros and the charge has not been refilled

One Year After:

i. Completion of a Diversion Program

Two Years After:

Misdemeanor, Violations or Other Offenses Dismissed Without Prejudice (Usually these cases are dismissed With Prejudice) or misdemeanor crime, any violation, or any traffic violation (excluding minor traffic violations) during the previous two years

Five Years

Felonies Dismissed without Prejudice

(For felony charges dismissed without prejudice and (a) the charges haven’t been refiled and (b) the movant 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)

Alabama Expungement Statutes:

Alabama Code Section § 41-9-625: Obtaining by law enforcement and correction agencies of fingerprints, photographs, etc., of persons arrested as fugitives from justice, unidentified human corpses, etc.; procedure where persons arrested released without charge or cleared of offense

All persons in this state in charge of law enforcement and correction agencies shall obtain or cause to be obtained the fingerprints according to the fingerprint system of identification established by the commission, full face and profile photographs, if photo equipment is available, and other identifying data of each person arrested for an offense of a type designated in Section 41-9-622, of all persons arrested or taken into custody as fugitives from justice and of all unidentified human corpses in their jurisdictions, but photographs need not be taken if it is known that photographs of the type listed taken within the previous year are on file. Fingerprints and other identifying data of persons arrested for offenses other than those designated in this article may be taken at the discretion of the agency concerned.

If any person arrested or taken into custody is subsequently released without charge or cleared of the offense through criminal justice proceedings, such disposition shall be reported by all state, county and municipal criminal justice agencies to ACJIC within 30 days of such action, and all such information shall be eliminated and removed.

Other statutes involving Alabama expungments:

  • Purging, modification or supplementation of criminal records — Applications to agencies by individuals; appeals to circuit courts upon refusal of agencies to act, etc.; costs. § 41-9-645

  • Purging, modification, or supplementation of criminal records - Entry of court order for purging, modification, or supplementation of record and compliance therewith by agencies, etc.; notification of agencies, individual, etc., of deletions, amendments, etc., in records. § 41-9-646

  • Expungement of DNA records. § 36-18-26

  • Mandatory reporting. § 26-14-3

  • Preprosecution or pretrial diversionary program. § 45-8-82.40

What to expect from McCollum and Wilson?

Expertise, personal attention, and results are what we offer to the families of wrongful death victims. At McCollum and Wilson, we know that if you have lost a loved one in a fatal accident, filing a lawsuit may be the last thing on your mind. It is important that the client knows that they do have the right to take action against the negligent driver for Wrongful Death. When you are ready to take action, we will do what it takes to provide justice for you and your loved ones.

If you are curious about expungements, we are here to answer your questions and help you explore your legal options. Schedule your free case review today! Please call us at 334-821-7799.

334-821-7799

Call us today for a confidential consultation with a legal professional.

Practicing Law in Auburn Alabama and the following surrounding areas:

  • Opelika
  • Loachapoka
  • Notasulga
  • Beauregard
  • Smith's Station
  • Waverly


Get a free case evaluation today!

McCollum and Wilson, P.C. | 363-A E. Glenn Ave Auburn, AL | Phone: 334-821-7799 | Fax: 334-821-7732 | Email: info@mcwlegal.com