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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.

Expungement
Expungement is a legal procedure that will most often clear your good name
Need An Expungement?

We will file a petition with the court to have your arrest record and/or criminal conviction erased from their criminal history record. The court issues an order of expungement and the applicable offense is no longer part of one’s view-able criminal history record.  Law enforcement will still be able to see your information for specified law enforcement purposes. At this point, you can legally say that you were not arrested for this offense.  Reach out to a skilled defense attorney to learn more.

What You Should Know about the 2021 Expungement Law

In April 2021, the Alabama legislature passed the REDEEMER Act which now allows individuals to seek the removal of both non-convictions and convictions of certain misdemeanor and felony cases.

Charges can also be expunged if the charge was no-billed by a grand jury, the individual was found not guilty.  A charge that was dismissed without prejudice more than five years ago can be Expunged.  A charge that was dismissed after successfully completed a court-approved diversion or deferred prosecution program (e.g. substance abuse, mental health) can be Expunged.  In some cases it must have been more than one year since the completion of that program.  Let our experienced lawyers help you with your Expungement Petition.

Reach Out Today for Your Case Evaluation →
Some Guidelines to Consider
  • Was your charge/case dismissed?
  • Was your charge/case no-billed by the grand jury?
  • Were you found not guilty at trial?
  • Was your charge a misdemeanor or a non-violent felony?
  • Did you complete some type of pre-trial diversion program?
Hal Walker of the Walker Law Firm has represented thousands of defendants during his legal career. Rest assured that he and his staff will work hard for you to resolve this very personal and embarrassing matter. If you can answer in the affirmative to any of the above guidelines we may be able to help you clear your name.