Foley Expungement Lawyer

Expungement Attorney in Foley, AL

Being convicted of a crime, regardless of the circumstances, can result in a criminal record. We can help you avoid this when you hire a defense attorney. Your criminal record follows you for life, affecting your job opportunities, your housing options, your social standing, and even your personal relationships. It can be hard to live with the consequences of a conviction, though you may have options. A Foley expungement lawyer can show you those options.

Angela L Walker PC understands how difficult it can be to pursue a Foley expungement case without the experience of a skilled attorney in your arsenal. Alabama’s expungement laws can be complicated to work through on your own, especially if this is your first time pursuing expungement or looking at it as an option for your situation.

An expungement attorney is a valuable asset, and Angela L Walker PC is prepared to bring over 30 years of experience in criminal defense to your case.

Eligibility for Expungement in Alabama

If you choose to pursue expungement for your nonviolent criminal record in Foley, your case is handled by the Circuit Court of Baldwin County. Even if your original criminal conviction occurred in either the City of Foley Municipal Court or the Baldwin County District Court, only the Circuit Court has the legal authority to grant expungements in Baldwin County, provided you meet the necessary requirements.

Throughout this process, it’s important to always remember that you are not alone. In 2024, there were 948 criminal sentences carried out in the state, according to recent data from the United States Sentencing Commission. Many of those convictions may one day be eligible for expungement, just like yours. It’s vital that you hire an expungement lawyer to discuss your options. There are primarily two distinct types of cases that may be eligible for expungement:

• Non-conviction records. Expungement in Alabama is largely meant for individuals who were never actually convicted of anything. This includes cases where charges were ultimately dropped, cases that were dismissed with prejudice, cases that were no-billed by a grand jury, or cases that resulted in a verdict of not guilty. All of these can be expunged, leaving your criminal record clean.Charges dismissed after completing a pretrial program or drug court can also be eligible, provided you have completed the necessary waiting period. If you are unsure of whether your specific case is eligible for expungement, you should contact a defense lawyer who focuses on expungement cases. They can help you determine your next steps.
• Conviction records. It’s only recently that Alabama has expanded expungement eligibility under the Redeemer Act. Certain nonviolent misdemeanors and traffic violations are now eligible for expungement, depending on the circumstances of your case. If you are trying to expunge a prior misdemeanor conviction, you need to complete all of your sentencing requirements and have no pending charges or new convictions.

How Does Expungement Work in Alabama?

Expungement is not an easy process to work through. The state doesn’t want certain offenders to be able to achieve expungement. Most felony convictions, particularly those involving violent crimes and sexual offenses, are not eligible for expungement whatsoever. A felony conviction can only be expunged if you were first pardoned by the Alabama Bureau of Pardons and Paroles, and the required waiting period has already passed.

To pursue expungement, it’s first recommended that you meet with an experienced expungement lawyer who can walk you through the steps, fill you in on everything that’s expected of you during the filing process, represent you in the event of a hearing, and protect you from being taken advantage of. The last thing you want is for your expungement to be denied because you missed a vital step of the overall process. Here are the steps in the expungement filing process:

• Request your certified record. Before you can move forward with filing for an expungement, you need to obtain a certified copy of your criminal history from the Alabama Law Enforcement Agency (ALEA). The easiest way to retrieve this document would likely be to download the application via the ALEA website. If you fill it out correctly, there shouldn’t be any problem getting your required documents.
• Obtain court dispositions. You also need to secure certified copies of the disposition of each charge that you are looking to get expunged. You should be able to retrieve these documents from the Circuit Clerk’s office where the initial case took place. You also need to gather any relevant court documents, including arrest records and physical proof that your case was either dismissed or resolved.
• File a petition. Once you have all of your relevant documents, you need to file a formal Petition for Expungement in the Circuit Court of the county that originally handled your arrest or your charge. The petition can be found on the Alabama Administrative Office of Courts website. It’s recommended that you have an experienced lawyer help you fill it out, if only to avoid making any costly mistakes. Each separate charge requires a separate petition.
• Pay all filing fees. You don’t want your petition to be denied because you didn’t pay the required filing fee. There is a standard administrative fee of $500 per arrest. If there are multiple counts stemming from the same arrest, you only have to pay one fee. This fee is nonrefundable. If you are unable to pay, a judge may waive the fee if you can prove indigency.
• Serve all parties. You need to send a copy of your expungement petition to certain relevant parties, so they know what you’re trying to do. You need to send the petition to the District Attorney’s office that prosecuted you and the law enforcement agency that arrested you. They will have 45 days to object to your petition. If no one objects, a judge may grant your expungement without a hearing.
• Formal hearing. If the District Attorney or the law enforcement agency objects to your petition, the judge schedules a hearing where you can plead your case. You need to prove that you have met all eligibility requirements for expungement in Alabama. The District Attorney or the victim of the initial case may present arguments as to why your record should remain public. The judge will decide whether to approve or deny your request.

FAQs About Expungement Law

How Much Does It Cost to Expunge Your Record in Alabama?

To expunge your record in Alabama, there is a general required $500 filing fee for the petition. If you are attempting to pursue expungement for multiple arrests, it will be $500 per arrest. You also have to consider your legal fees, which can be substantial. However, it’s all ultimately leading to your criminal record being sealed from public view, which can be greatly beneficial to you in the long run.

How Do I Expunge My Record in Alabama?

If you want to expunge your criminal record in Alabama, the first thing you should do is contact an expungement lawyer who can walk you through the process. Then, you need to obtain your court records, file a petition, pay all filing fees, and notify the District Attorney of your intentions. If nobody objects, you don’t need a hearing. If someone objects, you have to prove that you’ve met all eligibility requirements before getting court approval.

How Long Does an Expungement Take in Alabama?

The average expungement case generally takes anywhere from two to four months to fully finalize. However, if your case is inherently more complex, it may take longer. If someone pushes back on your expungement and raises an objection, the addition of a formal hearing can also extend the process. Every case has a different timeline based on the facts and evidence.

What Felonies Cannot Be Expunged in Alabama?

There are many different felonies that cannot be expunged in Alabama. Serious felonies can never be expunged, particularly those involving bodily harm or sexual offenses. Convictions involving domestic violence, stalking, child exploitation, and crimes of moral turpitude cannot be expunged. Some nonviolent felonies can be expunged if you are first able to get a pardon. If a felony charge didn’t end in a conviction, you can seek an expungement.

Make Sure You Hire an Expungement Lawyer Today

Living with a criminal conviction can make your life harder in many different ways, some of which you may not even expect. If you have the opportunity to have that record removed from public knowledge, you may be able to get your life back on track and preserve your future.

Angela L Walker PC can provide you with the resources you need to see this through and file a strong petition. She knows the difficulties ahead and can prepare you to face them with knowledge, confidence, and strength. You deserve a second chance, and she can help you pursue one. Contact her to speak with her about your case, your concerns, and how to move forward both confidently and in accordance with the law.