People who have criminal convictions often complete their sentence without issue and don’t get into more legal trouble. The issue is that the collateral consequences will continue to follow them throughout life. Some individuals in this position may decide to explore having their record expunged, even if they have arrests and charges that didn’t result in convictions.
Some people say that an expungement is a way to clear a criminal record, but that’s a bit misleading. This process is a way to remove certain criminal records from what’s available to the public, such as a background check.
When can a person have a record expunged?
Not every case qualifies for an expungement. Alabama divides cases into categories that include certain misdemeanors and specific felonies. The person must meet all requirements of their sentence if they were convicted. Individuals who weren’t convicted may be able to have an expungement if their case was dismissed, found not guilty or was nolle prossed. It’s also possible after certain diversion programs.
What happens during the expungement process?
Expungement isn’t automatic. It requires filing a form and submitting certified records, including:
- Criminal history
- Arrest record
- Disposition
- Case action summary
All of those certified documents must come directly from the agency or court responsible for them. The petitioner must also pay a filing fee if they don’t qualify for an indigency waiver. Other fees are also possible, such as a fingerprinting fee and the cost of getting all the certified records.
The expungement process in Alabama can be complex, so it’s best to work with someone familiar with these matters. Any missteps can lead to a negative outcome, which can mean the petitioner has to continue to live with the effects of the criminal record.