FREE Phone Consultation
FREE Phone Consultation
256-533-4529
Huntsville Alabama
706 Madison St SE
Huntsville, Alabama 35801

Record Sealing / Expungement

Sealing or expungement of your arrest and criminal record is an important part of moving on with your life after an arrest or conviction in most states.

In April 2014, Alabama passed a law allowing the records of certain misdemeanor and felony charges to be expunged if there was no conviction. The law goes into effect July 2014. An experienced criminal lawyer in Madison County, AL, will be able to help you determine the best route for your case if eligible.

Huntsville Criminal Record Sealing Attorney

Having a misdemeanor or felony arrest or conviction on your record can be damaging to your future. With nearly 40 years of experience in all aspects of a case, the Alabama defense lawyers at The Law Offices Of Segal & Segal can help you through the record sealing and expungement process where applicable, or guide your future through other means when you're not eligible for sealing or expungement.

If you've been arrested or convicted of a criminal offense and are seeking a better future in the Huntsville-Decatur area, including Madison, Albertville, Hartselle, Gunterville, and Arab, call the experienced attorneys of The Law Offices Of Segal & Segal at (256) 533-4529 today to set up your free consultation and learn if you are eligible for this process.


Alabama Record Expungement Information Center


Criminal Records That Can Be Sealed or Expunged

Beginning July 2014, people who have faced charges in Alabama for traffic violations, municipal ordinances, violations and misdemeanors may have records expunged for the offense 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; or
  • 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.

A person may expunge records relating to a nonviolent felony charge 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; or
  • The charge was dimissed without prejudice more than five years ago, the charges have not been refiled and the defendant has not been accused of anything other than a minor traffic violation.

If you meet the above conditions, your records will not be automatically expunged. You must file a petition in the appropriate court. A Huntsville criminal defense lawyer can help you with that process.


Back to top

Expungement of Juvenile Records

An individual may have his or her juvenile record sealed if he or she meets the following requirements:

  • Individual has not been adjudicated delinquent or a youthful offender of any felony or misdemeanor involving drugs, weapons, violence, or sexual offenses
  • Individual has no pending charge of any misdemeanor or felony involving drugs, violence, weapons, or sexual offenses
  • Two years have elapsed since either the final discharge of the person from legal custody or any other final order of the court not involving custody or supervision

It is important to note that the sealing of a record is not an erasure. Certain entities, such as hospitals and other health care providers, will be able to access this record with permission from the court. Additionally, the sealing order will be nullified if the individual is subsequently adjudicated a youthful offender, delinquent, or convicted of a misdemeanor or felony involving drugs, sexual offenses, weapons, threats of violence, or violence.


Back to top

Pardons for Huntsville Crimes vs. Expungement of Criminal Record

Though Alabama does not offer an expungement process to its rehabilitated offenders, you may have another option for a better life through a pardon by the Board of Pardons and Paroles. A pardon does not offer the same benefit as an expungement, which essentially makes your criminal record nonexistent except for in specific circumstances, but it does offer the chance to prove your rehabilitation as well as get some of your rights back.

Once you have completed your sentence or three years of successful parole, you are eligible for a pardon. The only exception to this rule is if the petition for a pardon is based on innocence. Obtaining a pardon requires an application, generally involving a statement from you and others showing your rehabilitation, and a subsequent hearing with the board. If you are granted a pardon, you may regain certain rights – like the right to vote or hold public office.

The pardon you receive will most likely be a restricted pardon. The board grants full pardons to less than two percent of cases considered. This means you will most likely not have all of your rights restored – particularly when it comes to firearms and the sex offender registry. However, all pardons come with the benefit of being both on your record and in an official document. This means you can use your official pardon to prove rehabilitation to a prospective landlord, educational institution, or employer.

You may not be eligible for record sealing or expungement, but a pardon could be your next best option. An experienced Huntsville criminal record attorney will be able to explore all the options and find a favorable outcome for your case.


Back to top

Am I Eligible to Seal or Expunge My Alabama Criminal Record

If you have faced charged and met the conditions for expungement in Huntsville, Madison County, Morgan County, Marshall County, Limestone County, or Jackson County and are looking for a clean slate – consider the services of the experienced team at The Law Offices Of Segal & Segal.

We will fight hard for the sealing or expungement of your records where applicable, or for a pardon if necessary. We also have the skill needed to push for a more favorable outcome prior to your actual conviction. Call us at (256) 533-4529 today for your free consultation.