Note: The following is a summary of a new law. becasue of the intricacies invoiced in any law it’s advised that you seek more information ofr a lawyer. Most of teh following Expungement information was obtained from www.zapmyrecord.com. We take no responsibility for the accuracy of the information provided.
Have you been arrested in Alabama for a non-violent crime some time in your past? Are you exhausted explaining this on every application you fill out for employment? This year Alabama passed a new expungement law; this lets numerous arrested or charged people wipe their criminal records clean. No more explaining on your applications about certain charges.
Even an unproven criminal charge can cause you problems in your professional life for years to come. Potential employers shy away whenever an applicant has a criminal charge in his or her past that cause him or her to check “YES” to a question concerning if there is an arrest in his or her past.
This new law on expungement will allow you the chance to provide the answer “NO” under certain conditions on a job application when it comes up if you have ever been charged or arrested with a non-violent crime. Expunging your record is not immediately given you, though, you have first file the proper petition and you may have to go to court. The proceedings for expungement make you place all the facts on the line and you must take it seriously. This is not something to do on your own. You need to make sure you hire a lawyer with expertise in this area. One slight mistake or omission may cause your petition to be denied. You must also act quickly because the legislature could change its mind at any time. This part of the state government could repeal or change the new law on expungement whenever it wants now or in the future.
This new law is not for the people who were convicted of a crime, but only for those not found guilty of charges against them. Under certain circumstances, the person could file for immediate expungement. It differs between charges and the outcome on when the person can file for expungement.
When the court approves an expungement petition, orders will be issued for all pertinent government agency, court, and police records, with certain stipulations, to be deleted. It will be as if the case never happened. Under most circumstances if anyone asks about this case, the person (some exceptions apply) will be told that no criminal record is listed. Alabama will even ask that federal records be expunged of the case. This means that if the case is in the FBI’s national database, Alabama will request the case removed from the database. When you have had your record expunged you do not have to disclose information about is on any types of applications for employment or other matters. However, you will still need to admit to the matter for specific government agencies, financial institutions and banks, utilities, and other organizations that have the ability to access even expunged records depending on the situation.
There is no limit under this law as to how many charges one person could have expunged. However, the rest of the person’s criminal history will have an influence on whether or not the expungement is approved.
This new law provides reputable individuals a chance to start over after being falsely accused. We have been practicing criminal law for decades in Alabama, and we provide all our resources and experience to assist people expunge their criminal records. Our law firm looks forward also to helping you.
