Alabama Governor Kay Ivey signed into law a new Alabama Expungement law that became effective on July 1, 2021. The new law is titled The Record Expungement Designed to Enhance Employment and Eliminate Recidivism Act, the REDEEMER Act.
This exciting new law contains significant changers that will allow for the expungement of criminal convictions of some misdemeanor offenses, traffic offenses, municipal court offenses, and a few felony offenses.
QUESTIONS AND ANSWERS ABOUT THE ALABAMA EXPUNGEMENT UPDATE!
CAN A CRIMINAL CONVICTION BE EXPUNGED?
YES, UNDER THE NEW ALABAMA REDEEMER ACT which passed in April 2021, the Alabama Expungement Law was changed to include some convictions for misdemeanor and felony convictions.
WHAT COURT WILL HEAR MY EXPUNGEMENT PETITION?
The Circuit Court in the county where the charges were originally filed has jurisdiction.
CAN I APPLY IF I COMPLETED A DEFERRED PROSECTION PROGRAM, SUCH AS VETERAN’S COURT, MENTAL HEALTH COURT, OR DRUG COURT?
Most of the time yes, most deferred prosecution programs ultimately result in the charges being dismissed. Therefore you would fall under the category of a dismissal.
IS THERE A WAITING PERIOD BEFORE I CAN FILE TO HAVE MY FELONY EXPUNGED?
Yes, a felony case that is dismissed with prejudice requires a 90 day waiting period before you can apply for an Expungement.
Yes, if you participated in a diversion program, you must wait 1 year from your dismissal for the court to grant a Petition for Expungement.