Ever wondered if it’s possible to erase a past mistake from a person’s record? In Alabama, a process called expungement might offer the solution, especially for those facing drug possession charges. It’s a process that allows courts to seal or remove certain criminal records from public view, hiding them from most background checks.
Once a court expunges a record, the law treats the offense as if it never occurred. This can open up new opportunities for individuals, especially when applying for jobs or housing. While some government agencies might still access these records in specific situations, expungement can transform the lives of many people looking to move forward with a clean slate.
What types of records can qualify for expungement?
Alabama allows expungement of several types of drug-related records:
- Misdemeanor drug possession convictions, such as possession of marijuana for personal use
- Arrests that didn’t lead to charges, charges a court dismissed with prejudice or charges a grand jury didn’t pursue after 90 days
- Cases where a court found the person not guilty after 90 days or charges dropped without conditions after 90 days, if not filed again
- Charges dismissed after completion of a drug court, mental health court, diversion or veteran’s court program (eligible for application after one year)
- Charges dismissed over a year ago without prejudice and not refiled, if the person has no other convictions in two years
- For human trafficking victims, misdemeanors committed while being trafficked
Some misdemeanor convictions, including some drug-related offenses, may be eligible for expungement three years after the completion of the sentence, including probation and payment of all fines and restitution. More serious crimes, especially those involving selling or distributing drugs, usually don’t qualify.
Take note that even if a person meets all the basic criteria for expungement, there is no guarantee that the court will grant their request. Every case has unique circumstances, and professional legal counsel may be necessary.
The past does not have to define your future
Everyone deserves a second chance. If you’re wondering whether expungement could help you or a loved one move forward, consider reaching out to a criminal defense attorney. They can help you understand your options and potential next steps.
