Category: general thoughts

New Alabama Expungement Law

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.

Ask before Hiring an Attorney

Seven Questions to Ask before Hiring an Attorney

No matter how desperate you are to start building your defense, there is no excuse for hiring an attorney without asking the appropriate questions and obtaining acceptable answers. In fact, the more desperate you are, the more important it is to carefully screen your attorney options. You want to find the attorney with the most experience and the deepest drive to help you out. The following seven questions will help you identify that attorney.

1. How long have you been practicing law in this state?

The laws are different in every state, so you need an attorney who is familiar with the state you are facing charges in at the moment. If you find an excellent attorney who just moved to the state, you have to wonder whether they have the knowledge needed to mount a stellar defense in this state.

2. What is your specialty, and what percentage of your cases fall within that specialty?

You are basically asking what type of case this attorney prefers to take on. If they spend most of their time defending against one type of case, for example car wrecks, and that is not the type of case you have, then you may someone else for your case. On the other hand, if you were in a car wreck and you find out the lawyer you are talking to has handled hundreds of these kinds of cases, they might be your choice for representation. Passion is what often makes the difference between a successful car wreck lawyer and a losing attorney.

3. Can you tell me about your educational experience, including your rank at graduation and all honor achievements? Are you board certified?

This question may make some attorneys nervous if they were ranked low in their graduating class or did not make it to that exclusive Law Review invitation. The answer you receive will tell you how accomplished an attorney was in school, but accomplishments after graduation on real cases will count as well. Never work with an attorney who is not board certified.

4. Have you been disciplined by the bar of any state in the past?

It is important to ask about all states in which the attorney may have practiced because some bad attorneys will hop states. A previous disciplinary action may not signal a horrible attorney, but you do want to ask for details about that situation. Previous behavior is the biggest predictor of future behavior.

5. How many jury cases have you handled, and what were the outcomes of those cases?

You can tailor this question to meet the specifics of your case. Attorneys will handle cases different when they are before a jury rather than a judge. There may be other special factors for your case that not all attorneys are qualified to handle.

6. Will you handle my case personally? If not, who else will be involved in the case?

Do not assume that the attorney you meet with initially will handle all details of your case. If the attorney works in a firm, it can be handed off to someone with less experience or a questionable history. You want to determine who will handle your case and ask them all of the questions listed here.

7. What problems or obstacles do your foresee for my case? What are your ideas for handling this case?

Driving Pet Peeve of the Day

Almost every morning when I’m driving into work someone is tailgating and flying in and out of cars to get ahead. To those that are compelled to do this to hurry the rest of us up; my observation over several years: After 3-5 miles of travel your car is still right next to mine at the stop light.

Since you really aren’t making up for not leaving the house on time; slow down, enjoy the ride, and get there at the same time as you would while driving crazy and potentially causing an accident

Fast Drunk Driving While Texting

Speeding, drinking, and tweeting/texting have go to to be the stupidest thing possible. It didn’t turn out so well for Ervin McKinness, who performed under the names Inkyy and Jew’elz. His last tweet? “Drunk af going 120 drifting corners #F**kIt YOLO.”  That wil be his last tweet ever. He died in a car wreck shortly after the tweet. Read More

‘Reservoir Dogs’ actor Michael Madsen arrested on suspicion of drunken driving in Malibu

Oh great, another drunk actor on the road. I’d stay off the road in LA and Malibu after dark. Read More

My Experience with Lawyers

I’ve had to deal with 5 or 5 now for both personal and business. Figured I’d give my take on the lot and post some helpful information along the way.

RSS Law News