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Expungements and Pardons in Birmingham

Seeking an Expungement or Pardon in Shelby County, Jefferson County, or Birmingham City?

Many individuals spend their lives haunted by the negative consequences a past criminal mark has made on their record. Even if it has been decades since committing a crime, that record often creates great barriers for finding employment and can complicate other important personal matters such as child custody or immigration. An expungement or pardon can remedy this problem and allow individuals to move forward with their lives with more freedom.

Enlist the help of Tidwell Law Group, LLC for assistance with obtaining an expungement or pardon. Call today or contact us online to request a free consultation to discuss whether or not you are eligible and how our criminal defense lawyers can help.

In Alabama, an expungement will clear from your public record any mention of an arrest or charge that did not lead to a conviction. A pardon, on the other hand, essentially provides forgiveness for a conviction and officially exonerates you from any guilt.

Unfortunately, Alabama does not allow expungements for any conviction. If you’ve been convicted of a crime, there are no legal provisions for having it removed. Unlike other states that will allow an individual to remove a past conviction from their record under certain circumstances, Alabama will only expunge an arrest. Even if you receive a pardon for a crime, that conviction will still appear on your criminal record (albeit, with a note that you have been exonerated).

An experienced criminal defense lawyer from our firm can help you understand your legal options regarding expungements and pardons. Do not hesitate to contact us to receive our counsel in a free consultation.

Am I Eligible for an Expungement?

Even though a conviction cannot be expunged, it is still a good idea to try to get your record cleared of any arrests or charges. Even if you were found “not guilty,” these kinds of marks can look suspicious to employers and other members of society.

Arrests or charges for the following crimes are eligible for expungement in Alabama (if you were found “not guilty”):

  • Possession of Marijuana (1st or 2nd Degree)
  • DUI
  • Misdemeanor Domestic Violence (3rd Degree)
  • Possession of a Controlled Substance
  • Non-violent felonies
  • Any misdemeanor
  • Any municipal ordinance violation

To receive an expungement, you will need to submit a Petition for Expungement to the Circuit Court Judge. The judge can make a ruling without a court hearing as long as no one files an objection to your expungement.

According to Alabama Code, the following are a few of the factors a judge will take into consideration when determining whether or not to grant an expungement:

Nature and seriousness of the offense committed.

Whether the offense was an isolated or repeated incident.

An available probation or parole record, report, or recommendation.

Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement and the petitioner plead guilty to another related or lesser offense.

(9) Evidence of rehabilitation … and the recommendation of his or her supervisors or other persons in the community.

(10) Any other matter the court deems relevant, which may include, but is not limited to, a prior expungement of the petitioner’s records. …” § 15-27-5 (Code of Ala.)

Obtaining a Pardon

To receive a pardon for a criminal conviction, you will need to submit an Application for a Pardon to the Board of Pardons and Paroles. To be eligible for a pardon, you will need to have completed your prison sentence (if it was three years or fewer), or three consecutive years of parole. If your prison sentence was longer than three years or if you are still incarcerated, you will need to submit a statement of proof regarding your innocence that the district attorney signs with approval.

After receiving your application, The Board of Pardons and Paroles will assign a probation officer to investigate your current life circumstances and character. After the investigation, a hearing will take place, where you will make a public statement before the board. Finally, the board members will take to a vote regarding your pardon. The pardon will only be granted by a unanimous vote.

Applying for a pardon is a daunting task, but with the help of highly-skilled legal professionals, you stand the best chance of securing a favorable outcome. Our Birmingham criminal defense lawyers can assist you with every aspect of the application process, and help you gather and present the evidence of your innocence if necessary.

Contact Tidwell Law Group today for a free consultation!

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  • 15 Years' Legal Experience

  • Committed to Excellence

  • Practice in All State District, Circuit & Federal Courts in Alabama

  • Full-Service Criminal Defense Attorney

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