Expungement Attorney in Birmingham

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An expungement offers individuals the chance to clear their criminal records, a life-altering process available in Birmingham, Alabama. As you explore this legal pathway, it's essential to understand the local statutes and procedures involved. At Revill Law Firm, we focus on guiding you through these intricacies, ensuring your rights are protected every step of the way.

Speak with an expungement attorney in Birmingham today. Call (205) 928-6544 or contact us online to schedule your free legal consultation.

What is Expungement in Alabama?

In Alabama, expungement is a legal process that results in the destruction or sealing of records related to an arrest or charge, effectively making them unavailable to the general public. For most practical purposes, once a record is expunged, it's as if the arrest or charge never occurred. This can be a life-changing opportunity for individuals who have been hindered by a past interaction with the criminal justice system.

It's important to understand that expungement in Alabama is not automatic. It requires a formal petition to the Circuit Court in the county where the charges were originally filed. While Alabama's expungement laws have expanded in recent years, particularly with changes in 2021 (Senate Bill 117), eligibility criteria remain strict.

Who is Eligible for Expungement in Alabama?

Eligibility for expungement in Alabama depends primarily on the outcome of your case and the type of offense. Generally, the law permits expungement for two main categories: non-conviction records and certain conviction records.

Non-Conviction Records (Dismissals, Acquittals, No-Bills)

This category represents the most common and straightforward path to expungement. You may be eligible if your case falls under one of these scenarios:

• Dismissal with Prejudice: The charges were dismissed "with prejudice," meaning they cannot be refiled by the prosecution.
• No-Billed by a Grand Jury: A grand jury reviewed your case but decided not to issue an indictment ("no true bill").
• Found Not Guilty (Acquittal): You were found "not guilty" of the charge at trial.
• Dismissal After Diversion/Treatment Programs: The charge was dismissed after your successful completion of a drug court program, mental health court program, veteran's court, or any court-approved deferred prosecution or diversion program.
• Dismissal Without Prejudice (Misdemeanor/Violation/Traffic/Municipal Ordinance): The charge was dismissed "without prejudice" (meaning it theoretically could have been refiled).
• Dismissal Without Prejudice (Non-Violent Felony)

For any of these non-conviction scenarios, all conditions of the court of disposition must have been satisfied, including payment of all fines, court costs, restitution, and other court-ordered amounts. A Birmingham expungement attorney can confirm your specific eligibility based on these criteria.

Certain Conviction Records (Expanded Eligibility in 2021)

This is a significant expansion of Alabama's expungement law, though eligibility is still very limited. Certain misdemeanor convictions (including municipal ordinance and traffic violations) and certain felony convictions may be eligible, depending on your case. Consult with an up-to-date Birmingham expungement attorney.

What Cannot Be Expunged in Alabama?

Even with the expanded law, many criminal records are not eligible for expungement in Alabama. Generally, this includes:

• Violent Felonies: Such as murder, manslaughter, assault, kidnapping, rape, sodomy, robbery, aggravated assault, or domestic violence in the first or second degree.
• Sex Offenses: Most sexual offenses (unless the person was a victim of human trafficking at the time of the offense).
• Serious Traffic Offenses: DUI convictions are generally not expungable in Alabama. Other serious traffic offenses that lead to convictions may also be excluded.
• Crimes of Moral Turpitude: If the conviction for a crime of moral turpitude carried a possible punishment of one year or more imprisonment, it is typically excluded.
• Federal Crimes: Alabama's expungement law applies only to state and municipal charges.
• Pending Charges/Investigations: You cannot have any current criminal charges pending against you or be the subject of an active criminal investigation.

The nuances of eligibility can be intricate. A qualified Birmingham expungement attorney can provide a definitive assessment of your specific situation.

What are the Benefits of Expungement?

Successfully expunging a criminal record can have a transformative impact on your life, offering a genuine second chance:

• Improved Employment Opportunities: Many employers conduct background checks. An expunged record means that for most employers, the arrest or charge will not appear, allowing you to compete for jobs based on your qualifications rather than a past incident. You can legally state that you were not arrested or charged for the expunged offense (with very limited exceptions, such as applying for law enforcement or corrections positions).
• Enhanced Housing Access: Landlords often screen tenants for criminal records. Expungement removes this barrier, improving your chances of securing desirable housing.
• Educational Advancement: Colleges and universities may consider criminal history in admission decisions. An expunged record prevents a past mistake from hindering your academic aspirations or eligibility for certain programs.
• Professional Licensing: For various professions that require state licensing, a criminal record can be a disqualifier. Expungement can clear this hurdle, allowing you to pursue or maintain careers in fields such as healthcare, education, or finance.
• Peace of Mind and Reputation: Beyond tangible benefits, expungement offers the psychological relief of knowing your past mistakes won't define your future. It restores your reputation and allows you to move forward with renewed confidence.
• Restoration of Rights (Limited): While expungement does not automatically restore firearm rights (which require a separate process or pardon for felonies), it can be a crucial step in the overall process of restoring civil rights if a felony conviction was involved (requiring a pardon first).