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New Alabama law To Wipe Out Criminal Records Goes Into Effect
Alabama residents who have been arrested, but not convicted of a crime, can soon file to have their arrest record wiped away under a new law set to go into effect July 7.
It requires a $300 administrative fee and court costs still to be determined by state court officials.
The expungement law passed in April spells out the procedure a person must go through in an Alabama circuit court in order to have their record wiped out and also notes that the charge is "deemed never to have occurred."
It also explains what will be expunged: Arrest records, booking or arrest photos, index references for public records searches and other documents or electronic files concerning the arrest or charge.
The expungement law does not allow the erasing of violent felony charges and it does not authorize the wiping of a record where a person has been convicted.
The act allows for expunging non-violent felony charges, in the event of a no-bill by a grand jury, a dismissal of the charge with prejudice, a finding of not guilty, and one year after completion of a diversion program like drug treatment, mental health treatment or veterans court.
A person is also eligible, if the charge was dismissed without prejudice more than five years ago, has 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.
But there is a wrinkle in the law that deals with how a case is dismissed.
In a case that is nolle prossed –- where the prosecution formally tells the court it is no longer pursuing the case –- will require a two-year wait before an expungement can be sought. But, a dismissal with prejudice –- meaning it won't be brought up again –- has no time lag for expungement.
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