Helping You Clear Your Record With Expungements
At Agricola Law, LLC, our attorneys understand how detrimental it can be to a person’s livelihood to have criminal charges on their record, and the idea of being able to cleanse this record is intriguing for many people. Our lawyers take each case personally and fight for clients in Georgia and Alabama as hard as they would fight for themselves.
By working systematically through the process of expungement, our team helps many individuals avoid criminal convictions, which can haunt them for the rest of their lives. Whether our attorneys can completely erase a conviction or simply have it set aside, they strive to ensure that the process is handled with discretion and compassion.
A History And Overview Of Alabama’s Expungement Laws
In April 2014, the Alabama Legislature passed the Alabama expungement bill, which allows Alabama residents who have been charged with – but not convicted of – nonviolent felonies or misdemeanors to erase or expunge their records. There are special stipulations to this law, however. To be considered for expungement of misdemeanor offenses, the charges must be either dismissed with prejudice or voted a “no bill” by a grand jury, and either the defendant must be found not guilty or the charges must have been dismissed without prejudice two years prior to the defendant’s expungement claim, without being refiled.
In 2021, the law was updated to allow for expungements of certain offenses for which a person was convicted. The most likely crime candidates for conviction expungement are nonviolent misdemeanor offenses.
Felony charges may qualify for expungement in some cases, but they have much narrower paths to success. The act only allows for the expungement of nonviolent felonies and could include the completion of programs such as drug or mental health treatments. If you have criminal charges on your record that are keeping you from goals like advancing your career or obtaining housing, or if you simply want a clean slate, talk to our qualified expungement attorneys in Opelika today. They are legal professionals with “big-city” experience and small-town values, and they believe that everyone deserves a chance to start over.
Answers To Common Questions About Expungement In Alabama
The process of expungement can be confusing for the average person to navigate. To help get you started, our Opelika expungement attorneys have provided answers to some of the most common questions asked by prospective clients.
What are the benefits of expungement?
When a conviction or charge has been expunged, it appears (to those outside of law enforcement) as though it never happened. The individual will not be obligated to reveal the charges on job or credit applications, except in certain situations. While not all records are able to be expunged, our lawyers at Agricola Law understand the rights of our clients and will do what they can to help their cases. By working systematically through the process of expungement, our attorneys help many individuals leave their pasts in the past.
When can I file for expungement?
It will depend on the specific type of charge and how it was resolved. If you were charged with a misdemeanor that did not result in a conviction, for instance, you may need to wait between 90 days and one year to seek an expungement. If you were charged and convicted of a misdemeanor offense, the waiting period is often three years from the conviction date.
Our attorneys can help you assess whether you qualify for expungement, and, if so, how soon you can apply.
What can I do if my expungement petition is rejected?
As with many legal questions, the answer is nuanced. Some petitions are rejected before they ever reach a judge because they are incomplete or defective in some other way. The best way to avoid this is to work with an experienced expungement lawyer in Opelika who can ensure that your petition is submitted without errors or omissions and is in accordance with all applicable rules.
If your petition goes before a judge and is ultimately rejected, then the only way to appeal is to assert that the judge abused their discretion. This is a difficult case to make, so it’s a better use of time and energy to focus on creating a compelling initial petition.
Why should I seek an expungement as soon as possible?
The judicial system moves slowly. Between waiting periods and the procedural hurdles that must be overcome, the timeline for an expungement petition can be lengthy. Because a criminal record may already be negatively impacting your life, you want to ensure that there are no preventable delays on your end in seeking an expungement.
Fighting For People In These Communities
Our lawyers are respected members of the Alabama communities of Opelika, Auburn, Phenix City, Valley, Lanett, Beulah, Salem, Smith Station and Montgomery as well as Columbus in Georgia. Our attorneys regularly represent clients in courts in the Alabama counties of Russell, Lee, Chambers, Macon, Randolph, Montgomery, Tallapoosa, Elmore and Autauga, and the counties of Muscogee, Harris and Troup in Georgia.
Learn About Your Expungement Options Today
Whether our lawyers can completely erase a conviction or have it set aside, they strive to ensure that the process is handled with discretion and compassion. Call 334-610-1064 or email us to arrange a free case evaluation with an expungement attorney in Opelika. Our team regularly assists clients throughout the Auburn and Montgomery areas.