What are the common misconceptions about expungement?

On Behalf of | Jan 28, 2025 | Domestic Charges

Expungement offers a fresh start for many with past legal troubles. This process can help you move forward in Alabama. However, many people often misunderstand it. Let’s clear up some common myths about expungement in the state. Knowing the important facts will help you make informed decisions about your future.

Is expungement automatic after a certain time?

No, expungement is not automatic in Alabama. You must take action to start the process. Here are key points to remember:

  • You need to file a petition with the court
  • There’s a waiting period, typically 3-5 years after completion of your sentence
  • Not all crimes are eligible for expungement

Alabama Code outlines the specific requirements for expungement. It states that only certain misdemeanors and non-violent felonies qualify. You must also have completed all terms of your sentence, including your probation and the payment of fines.

Does expungement erase all records completely?

Expungement doesn’t make your record disappear. Here’s what happens:

  • Sealed court records stay hidden from the public to protect privacy. Unauthorized people need a court order to see them.
  • Law enforcement can look at sealed or expunged records for investigations and public safety.
  • Some government agencies can see expunged records for national security, immigration, or job checks, depending on local laws.

Expunged records remain available for criminal justice purposes. This means that while the general public cannot see your record, it is not entirely erased.

How can you navigate the expungement process?

The expungement process in Alabama can be tricky. Each case is different, and the laws can be complicated to understand on your own. An attorney who knows Alabama’s expungement laws can help you see your options. They guide you through the petition process and boost your chances of success. Remember, expungement is not a sure thing, but with the right help, you can make the strongest case possible for a clean slate.