Expungement FAQ

Frequently Asked Questions Regarding Expungement

Expungement Attorneys | Crumbley, Blackwell, Wisda & Associates, P.C.

We have been answering legal questions for nearly 50 years. During our experience, we have compiled a list of questions below that relate to expungement in North Alabama. These questions were asked by real clients, with real expungement cases. If you read through the questions provided below and cannot find what you are looking for, send us your question. We can help you. Send your questions to questions@crumbleylaw.com. An attorney from our team will review your question and provide you with the answers you need. For further assistance, complete an online case evaluation to speak with an elder law attorney from our team.

Who qualifies for Expungement?

The State of Alabama has very stringent expungement laws. Only those who have been charged without conviction of a misdemeanor or non-violent crime may erase their record.

Misdemeanors

Misdemeanors and other minor violations are eligible under the following circumstances:

  • The defendant was found "not guilty"
  • The charge was dismissed with prejudice
  • The charge was dismissed without prejudice more than two years ago (and was not refiled)
  • The charge was "no-billed" by a grand jury

Felonies

Only non-violent felonies are eligible for expungement under the following circumstances:

  • The defendant was found not-guilty
  • The charge was dismissed with prejudice
  • The charge was dismissed without prejudice more than five years ago (and was not refiled)
  • The charge was "no-billed" by a grand jury
  • The defendant completed their diversion program (if applicable)
  • The defendant was not convicted of any other crimes or violations within the last five years, excluding minor traffic violations

Are there any charges that cannot be expunged?

Any violent felonies that are included in the Alabama Code do not qualify for expungement, including:

  • Arson
  • Assault
  • Burglary
  • Robbery
  • Domestic Violence
  • Kidnapping
  • Stalking
  • Sexual abuse
  • Rape
  • Sodomy
  • Murder
  • Manslaughter

What happens after my expungement is approved?

If you are eligible and there are no objections, the court could rule in your favor, without holding a hearing. All agencies that hold a copy of your legal records will be required to send them to the Alabama Criminal Justice Information Center. The center will then archive them in a protected file. Archived documents include arrest records, photos, and index references. After your case has been archived, If someone where to ask about the case, the Alabama Criminal Justice Information Center will reply that “no record exists on the matter."

 

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