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HUNTSVILLE AND DECATUR EXPUNGEMENT ATTORNEY

Have you been charged with a non-violent felony or misdemeanor, but never convicted? If yes, you soon will be able to have your record expunged, and erased from public view. The attorneys at Ferguson & Ferguson are helping lead the way by preparing the documents required to expunge records in Morgan, Madison, Jackson, Cullman, Dekalb, Limestone, Lawrence and every other county in the State of Alabama. The flood of petitions is beginning, and you can count on the attorneys at Ferguson & Ferguson to lead the way. We offer a no obligation, FREE CONSULTATION to all expungement clients. We are also offering the only LOWEST FEE GUARANTEE in the State of Alabama. Call 24/7 to find out just how low our attorney’s fee can be for an expungement in the State of Alabama. We are preparing petitions now. Call now 256-534-3435 or 256-350-7200. The law goes into effect July, 2014. We are here to help you get your life back in order.

Who’s Eligible for Expungement in Alabama?

Beginning July 2014, people who have been charged in Alabama with traffic violations, municipal ordinances, violations and misdemeanors may have records expunged if one of the following conditions are met:

  • The charge was dismissed with prejudice
  • The charge was no-billed by a grand jury
  • The person was found not guilty
  • The charge was dismissed without prejudice, more than two years have passed, the charges have not been refiled and the defendant has not been convicted of anything other than a minor traffic violation

The act allows for expunging non-violent felony charges if any of the following conditions are met:

  • The charge was dismissed with prejudice
  • The charge was no-billed by a grand jury
  • The person was found not guilty
  • The charge was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran’s court or any other approved deferred prosecution program
  • The charge was dimissed without prejudice more than five years ago, the charges have not been refiled and the person has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations, during the previous five years.

Unfortunately, even if you were not convicted of a violent crime, any charges will remain on your record. The act does not expunge violent felonies listed in the Alabama code, such as: capital murder, murder, manslaughter, assault, kidnapping, rape, sodomy, robbery, burglary, arson, stalking, sexual abuse and domestic violence 1 and 2.

How Do I Expunge My Case?

The easiest way to expunge your record is to hire an attorney who is filing for the expungements. We have prepared the papework and understand how it must be completed. You must do the following:

  • Hire an attorney or do it yourself.
  • File a petition with the circuit court in the location the charge was filed. (County where charged)
  • Petition must include- a sworn statement that the person meets the expungement 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;

    – description of the charges to be considered for removal and description of the agencies involved in the arrest and any incarceration;

    – the filing fee is $300 plus any court costs;

    – all court fees, restitutions, fines and fees must have been paid in case to be expunged.

  • A copy of the petition has to be provided to the district attorney’s office, the law enforcement agency and the clerk of court.
  • The DA’s office and the victims have 45 days to file a petition opposing the expungement. If the objection is filed, the court is to set a hearing date at least 14 days after the filing.
  • If no one objects, the court can review the petition and rule without a hearing.

What Happens if the Request is Approved?

The court is to order the expungement of all records in the custody of the court and any records held by any other agency or official, including law enforcement records, except privileged investigation reports by the Alabama Board of Pardons and Paroles and files of the district attorney. The related agencies are then to certify to the court within six months that the expungement has been completed.

What if Someone Ask About the Case?

The charge shall be deemed never to have occurred. The court must reply that “no record exists on the matter,” and the person shall not have to disclose the related facts on job or credit applications and other applications. A petitioner must disclose the “fact of the record” to any government, regulatory or licensing agency, any utility or its affiliates or any bank or financial institution.

The agencies have to send the records to the Alabama Criminal Justice Information Center which will archive them in a protected file. The records cannot be used for a non-justice purpose and can only be made available when a criminal justice agency provides notice of an investigation of the individual. All arrest records, booking or arrest photos, index references for public records searches and other documents or electronic files concerning the arrest or charge are expunged.

Free Consultation and Lowest Fee Guarantee

If you need to file a petition for expungement, we are here to help. Call now. Call 256-534-3435.

Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801

Decatur Office Location:
401 Lee Street, Suite 607A
Decatur, AL 35601