New Alabama Expungement Law Allows Clearing of Arrest Records

Expungement Blogs

Written By ESR News Blog Editor Thomas Ahearn

A new Alabama expungement law that took effect July 7, 2014 allows residents who have been arrested – but not convicted – of a crime an opportunity to clear their arrest record and have the charge “deemed never to have occurred,” according to a report on the AL.com website.

AL.com reports that under the Alabama expungement law passed in April 2014, Alabama residents may file to have the following expunged:

  • Arrest records.
  • Booking or arrest photos.
  • Index references for public records searches.
  • Other documents or electronic files concerning the arrest or charge.

The Alabama expungement law also allows for expunging:

  • Non-violent felony charges.
  • In the event of a no-bill by a grand jury.
  • A dismissal of the charge with prejudice.
  • A finding of not guilty.
  • One year after completion of a diversion program like drug treatment, mental health treatment, or veterans court.

The Alabama expungement law does not allow:

  • Erasing of violent felony charges.
  • The wiping of a record where a person has been convicted.

A person is also eligible under the Alabama expungement law if the charge:

  • Was dismissed without prejudice more than five years ago.
  • Has not been refiled.
  • The person has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations, during the previous five years.

AL.com reports that filing under the new Alabama expungement law requires a $300 administrative fee along with court costs yet to be determined by the Alabama Administrative Office of Courts (AOC).

The Alabama expungement law also allows the District Attorney (DA) office where the charge was issued 45 days to object. If there is no objection from the DA, the expungement order can be issued by a circuit court without a hearing, AL.com reports.

Source: http://www.al.com/news/huntsville/index.ssf/2014/06/new_alabama_law_to_wipe_out_cr.html