BIRMINGHAM EXPUNGEMENTS & PARDONS ATTORNEY
Many individuals spend their lives haunted by the negative consequences a past criminal mark has made on their record. Even if it has been decades since committing a crime, that record often creates great barriers for finding employment and can complicate other important personal matters such as child custody or immigration. An expungement or pardon can remedy this problem and allow individuals to move forward with their lives with more freedom. Enlist the help of Tidwell Law Group, LLC for assistance with obtaining an expungement or pardon.
Call today or contact us online to request a free consultation to discuss whether or not you are eligible and how our criminal defense lawyers can help.
What is the Difference Between an Expungement & a Pardon?
- In Alabama, an expungement will clear from your public record any mention of an arrest or conviction.
- A pardon, on the other hand, essentially provides forgiveness for a conviction and officially exonerates you from any guilt.
Alabama recently changed its laws to allow expungements for certain convictions. If you’ve been convicted of a crime, contact us to see what your options. Alabama is now like other states that will allow an individual to remove a past convictions from their record under certain circumstances. Of course, Alabama also allows expungements of arrest records. Even if you receive a pardon for a crime, that conviction will still appear on your criminal record.
An experienced criminal defense lawyer from our firm can help you understand your legal options regarding expungements and pardons. Do not hesitate to contact us to receive our counsel in a free consultation.
Am I Eligible for an Expungement?
In Alabama, if you have been arrested and the case was dismissed or you were found not guilty, you can have your arrest record expunged. If you were convicted of a crime, you can still be eligible to have your arrest and conviction record expunged; however, there are some convictions that Alabama will not allow to be expunged. contact us to find out if your conviction is eligible to be expunged.
Some examples of arrests or convictions for the following crimes are eligible for expungement in Alabama:
- Possession of Marijuana (1st or 2nd Degree)
- DUI
- Misdemeanor Domestic Violence (3rd Degree)
- Possession of a Controlled Substance
- Non-violent felonies
- Any misdemeanor
- Any municipal ordinance violation
To receive an expungement, there are a number of things that have to be done, and then a Petition for Expungement will need to be submitted to the Circuit Court Judge. The judge can make a ruling without a court hearing as long as no one files an objection to your expungement.
How Does the Court Determine Expungement Eligibility?
According to Alabama Code, the following are a few of the factors a judge will take into consideration when determining whether or not to grant an expungement:
- Nature and seriousness of the offense committed.
- Whether the offense was an isolated or repeated incident.
- An available probation or parole record, report, or recommendation.
- Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement and the petitioner plead guilty to another related or lesser offense.
Obtaining a Pardon
To receive a pardon for a criminal conviction, you will need to submit an Application for a Pardon to the Board of Pardons and Paroles. To be eligible for a pardon, you will need to have completed your prison sentence (if it was three years or fewer), or three consecutive years of parole. If your prison sentence was longer than three years or if you are still incarcerated, you will need to submit a statement of proof regarding your innocence that the district attorney signs with approval.
Applying for a pardon is a daunting task, but with the help of highly-skilled legal professionals, you stand the best chance of securing a favorable outcome. Our Birmingham criminal defense lawyers can assist you with every aspect of the application process, and help you gather and present the evidence of your innocence if necessary.
