Expungement in Alabama
If you have been charged, but not convicted, of a non-violent crime in Alabama, you may be able to get the charge expunged. That means, the charge will be removed from your criminal record, and no longer visible to the public. Alabama’s new law providing for expungement in certain situations, has many requirements. Understanding the process, if you are indeed eligible, will let you know what to expect.
What expungement really means
When a criminal record is “expunged,” the record is “sealed” or removed in the eyes of the law. It does not mean that it becomes entirely secret. However. Alabama’s expungement law says that an individual whose criminal arrest has been expunged, still has the duty to disclose the “fact of the record” to any government, regulatory or licensing agency, any utility or its affiliates or any bank or financial institution.
What Information is required to obtain expungement?
When seeking to have eligible criminal records sealed or expunged, you must provide the case number, if applicable, the name of the arresting agency, the date of the arrest and the charge that was filed. You will be required to provide details explaining why you believe the arrest should be expunged. Juveniles are also required to provide details such as case numbers, dates, charges and the identity of the arresting agency.
How Do You Go About Filing?
A request to seal or expunge juvenile records is filed with the juvenile court in the county where the case was originally heard. Adult requests are processed through the Alabama Criminal Justice Information Center. If a request to seal or expunge involves abuse investigations, it must be filed with the agency performed the investigation. If you are requesting to have DNA evidence destroyed, that request must be filed with Alabama’s Department of Forensic Sciences.
If you have questions regarding expungement, or any other criminal defense matters, please contact Ketcham Law by calling us at (205) 296-423