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Expungement of Arrest Record in Alabama - Attorney Barclay Can Help

You may be able to clear your police record. Discover what we can do for you

Arrest records in Alabama can follow you for your entire life. Even if you were found not guilty, the charges were dropped or you were arrested by mistake, that arrest will appear on your police record and be available to potential employers, lenders and others - unless you take action.

Under the newly adopted "expungement" measure in Alabama, residents who were charged with a non-violent felony or misdemeanor but never convicted may be able to erase the record from public view. For help in getting your record cleared, call an experienced Alabama expungement lawyer at Barclay Law, LLC today: (866) 584-1023. Find out how defense attorney John Michael Barclay can make a difference.

The following are questions and answers about Alabama's new expungement measure. Click on any question to find an answer:

Q:  When does the expungement measure go into effect?

A:  The measure went into effect in July 2014, 90 days after Gov. Robert Bentley signed it into law. The governor signed the bill on April 7, 2014.

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Q:  Do I have to pay anything to get my record 'expunged?'

A:  You will have to pay a $300 administrative fee plus any court costs.

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Q:  What process is involved in expunging a record?

A:  You need to petition an Alabama circuit court in the jurisdiction where the charge was filed. The petition must include the following:

  • A sworn statement that you have met the requirements;
  • A case action summary or certified copy of arrest and disposition;
  • A certified copy of the arrest record from the Alabama Criminal Justice Information Center;
  • A description of the charges to be considered for removal and description of the agencies involved in the arrest and any incarceration.

Furthermore, you must have paid in full all court fees, restitution, fines and other fees.

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Q:  Do I need an attorney to get my record expunged?

A:  Technically, no, but an experienced criminal defense attorney like John Michael Barclay can make sure your petition is handled correctly and your rights are protected. The process also can be time-consuming. An attorney can handle all the details for you and present your case in the best light possible. For a free consultation, call (866) 584-1023 today.

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Q:  Who is eligible?

A:  If you were charged with a misdemeanor criminal offense, a traffic violation, or with a municipal ordinance violation, you may be eligible for an expungement. At least one of the following elements would need to apply:

  • Charge was dismissed with prejudice;
  • Charge was no-billed by a grand jury;
  • You were found not guilty of the charge;
  • Charge was dismissed without prejudice more than two years ago and has not been refiled.

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Q:  What if I was charged with a non-violent felony?

An expungement may be approved if the non-violent felony charge was no-billed by a grand jury, dismissed with prejudice, or if there was a finding of not guilty. You also may be approved if the charge was dismissed without prejudice more than five years ago, has not been refiled and you have not been convicted of any other felony or misdemeanor crime, any violation, or an traffic violation, excluding minor traffic violations, during the previous five years. You also may be eligible if you completed a diversion program such as drug treatment, mental health treatment or veterans court.

Keep in mind, the law would apply to charges for nonviolent misdemeanor or felony charges. People charged with violent crimes cannot have their arrest records in Alabama expunged.

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Q:  What gets expunged if the court approves the request?

A:  Arrest records, photos related to booking or arrest, index references for public records searches and other documents or electronic files concerning the arrest or charge.

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Clear your name. Contact Alabama expungement lawyer John Michael Barclay

Make sure you make every effort to clear your name. Contact Barclay Law, LLC of Birmingham, AL. We're proud of our case results, and we're eager to fight for your rights. We work hard because we know our clients' reputations matter. Call (205) 488-2797 or fill out our online inquiry form and schedule a free consultation.

Having your police record expunged in Alabama can be a lot more difficult than you might imagine. Don't try to handle such a complicated legal issue on your own. Get the professional legal help you need now.

Barclay Law, LLC proudly serves clients throughout the state of Alabama, including Jefferson County, Tuscaloosa, Auburn, Mobile, Saint Clair County, Shelby County and the Gulf Shores as well as the municipalities of Bessemer, Docena, Dolomite, Fairfield, Fultondale, Graysville, Homewood, Hoover, Mountain Brook, Mount Olive, New Castle, Pleasant Grove, Prattville, Shannon, Vestavia, Watson and Wetumpka, AL.

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