People accused of criminal activity in Alabama face the risk of several significant consequences. If they plead guilty or the courts convict them after a trial, they may face a variety of penalties. The courts can impose fines or sentence people to prison.
Even after those convicted of crimes serve their sentences, they also have to contend with having a criminal record. Potential employers, landlords and educational institutions are among the parties who may conduct criminal background checks. A mistake from years ago can limit an individual’s opportunity.
In some cases, they may want to remove the record of a prior offense. After changes to state law in recent years, more people than ever might be eligible for expungement. People have to understand what an expungement is to determine if it might be a beneficial option for them.
What happens during expungement?
Expungement is the legal process of sealing state records related to criminal offenses. Expungements generally require that people petition the courts that heard their criminal cases.
The simplest expungements involved sealing the records of arrests and charges that did not lead to convictions. Those who secure the dismissal of their charges or who avoid criminal convictions can petition the courts to expunge the record of their arrests and the unsuccessful charges brought against them.
In some cases, it may also be possible to expunge criminal convictions. Typically, those hoping to secure an expungement after a conviction have to avoid additional criminal charges. They must wait at least three years after they complete their sentence or pay all their fines. They can then petition the courts to limit the information that shows up during a criminal background check.
When expungement is successful, the process allows an individual with a blemish on their criminal record to move on with their life. Private parties may no longer be able to access information about their prior criminal issue.
That being said, state authorities can still review the records as necessary if an individual faces criminal prosecution again. The charges and penalties they face may depend in part on what other convictions they have on their record. Expungement does not necessarily protect someone from enhanced charges or more serious penalties if they eventually re-offend.
Reviewing a criminal conviction record with a skilled legal team could help someone determine if they might be eligible for expungement. A successful expungement can help people rebuild their lives after a brush with the criminal justice system.