Retroactive Application of Alabama’s Expungement Law
Alabama’s new expungement law provides that certain components of your criminal record can be expunged or erased. Not everyone is eligible and not every crime is covered, but your Alabama criminal defense attorney can explain the requirements to you.
Retroactive application of the Alabama expungement law
The 2014 Alabama expungement law applies to all misdemeanors and non-violent felonies that were resolved in favor of the defendant. This is true, regardless of how old the case is because the law has retroactive application. For instance, if you were accused of marijuana possession when you were a college student in 1970, you can apply for expungement under the new expungement law.
How long does the expungement process take?
Every case is different, but it normally takes 30-45 days to obtain all of the necessary records and then draft and file the petition with the court. Typically, it takes 45 days from the filing of the petition for it to be granted by the Court. However, if there is an objection to the petition, then the process will take longer.
You should hire a lawyer to assist in obtaining expungement
Generally speaking, it is always best to have a criminal attorney represent you in all aspects of a criminal proceeding. There is so much at stake that it would wise to have someone with experience at your side. Even with something like a Petition for Expungement, there are technical requirements which, if not properly adhered to, your petition could easily be denied.
If you have been charged with a non-violent felony, a misdemeanor criminal offense, a traffic violation, or a municipal ordinance violation, the record may be expunged. If you have questions regarding expungement, or any other criminal defense matters, please contact Ketcham Law for a consultation by calling us at (205) 296-4233.