Can You Expunge or Seal a Criminal Record? Key Eligibility Factors
When it comes to handling a criminal record, many individuals seek ways to clear or seal their past offenses. Expunging or sealing a criminal record can offer people a fresh start, free from the burdens of their past mistakes.
Brian J Lockwood LLC in Mobile, Alabama, helps those looking to start anew. However, not everyone is eligible for this process, and several key factors come into play when determining if expungement or sealing is possible.
Understanding these factors is crucial for anyone looking to explore these options, especially when seeking guidance from a criminal defense attorney.
What Is Expungement and Sealing?
Before looking into eligibility, it's important to understand what expungement and sealing actually mean.
Expungement: This is the legal process by which a criminal record is completely erased. The offense is removed from public records, and the individual is treated as if the crime never occurred. In most cases, expungement involves a court process, and the person seeking it must meet certain criteria.
Sealing: Sealing a criminal record doesn't erase it entirely. Instead, it restricts access to the record. While the record remains in existence, it’s no longer available for public view. This typically means that most people, including employers or landlords, won’t be able to access the sealed record.
Expungement in Alabama
Alabama offers expungement under certain conditions. The state has specific eligibility requirements that determine who can apply for expungement. The process can provide significant relief for those whose criminal records might hinder their chances of getting a job or housing. However, there are limitations.
Alabama law allows individuals to expunge certain criminal convictions, but only under strict guidelines. Not every offense qualifies for expungement, and only those who meet specific criteria may request this relief. A criminal defense attorney can be particularly helpful in traversing the process to determine if you meet the requirements.
Key Eligibility Factors for Expungement
When determining eligibility for expungement in Alabama, several factors are taken into account. These include the type of offense, the disposition of the case, and the applicant's criminal history. Here are the primary factors that impact eligibility for expungement:
1. Type of Crime
The first major factor in determining whether an individual can expunge their record is the type of crime committed. Not all offenses are eligible for expungement under Alabama law. The law differentiates between misdemeanor and felony offenses.
Misdemeanors: In many cases, misdemeanor offenses are eligible for expungement, especially if the case was dismissed, the individual was acquitted, or the sentence was served without further legal issues. However, crimes involving violence or serious harm may not be eligible, even if classified as misdemeanors.
Felonies: Expunging a felony conviction is more difficult in Alabama. Serious felonies, such as violent crimes, drug trafficking, or sex offenses, typically don’t qualify for expungement. However, some lower-level felonies might be eligible for expungement after a specific waiting period, depending on the case's circumstances.
2. Case Outcome
The outcome of the case plays a crucial role in eligibility for expungement. If you were convicted, your chances for expungement may be slim. However, certain dispositions may allow for expungement, even if you were arrested or charged with a crime.
Dismissed cases: If charges were dismissed, you may be eligible to have the record of your arrest and case removed.
Acquittals: If you were found not guilty, your record may be eligible for expungement.
Deferred prosecution or sentence: If you successfully completed a deferred prosecution program or a similar arrangement, you may also qualify for expungement, provided no other disqualifying conditions exist.
3. Waiting Period
For many offenses, a waiting period is required before an individual can apply for expungement. This makes sure that the person seeking expungement has demonstrated a period of good conduct following the offense. The length of this waiting period can vary depending on the nature of the case and the offense.
Misdemeanors: Typically, individuals must wait at least one year after the dismissal of charges or the completion of their sentence before they can apply for expungement of a misdemeanor offense.
Felonies: The waiting period for felony expungement is often longer. In some cases, individuals may need to wait 5-10 years after completing their sentence or parole before being eligible for expungement.
4. No Pending Charges or Convictions
If you have other pending charges or any subsequent criminal convictions, you’ll likely be disqualified from applying for expungement. The state wants to make sure that only individuals who have demonstrated responsible behavior are granted the opportunity to clear their records.
Even if your prior conviction is eligible for expungement, the presence of new criminal charges or convictions could impact your eligibility. A criminal defense attorney can help assess whether your current legal situation may interfere with expungement.
5. Compliance with Court Orders
Individuals seeking expungement must demonstrate that they have fully complied with the terms of their sentence. This includes paying fines, completing community service, attending required counseling programs, or fulfilling any other requirements mandated by the court. Failure to comply with these obligations can result in the denial of an expungement request.
6. No Serious Criminal History
Individuals who have a significant history of criminal activity are less likely to qualify for expungement. If your record contains multiple felony convictions or other serious offenses, it may be challenging to prove your eligibility for expungement. However, minor infractions or isolated incidents may not disqualify you, depending on the details of your case.
Sealing Criminal Records in Alabama
In addition to expungement, sealing a criminal record is another option for individuals seeking to restrict public access to their past criminal history. The process of sealing a record is similar to expungement in that it hides the record from public view, but the record isn’t fully erased.
In Alabama, sealing a record may be an option for those whose convictions are eligible for expungement but where expungement may not be possible. In some cases, sealing may be available for certain offenses, particularly lower-level misdemeanor charges.
When Is Sealing an Option?
Sealing is typically an option for individuals who have completed their sentence or probation for a crime that is eligible for expungement but isn’t subject to full erasure. While sealing a record can still limit public access, the record may remain in the court system for law enforcement and other official purposes. For sealing to be considered, a person must meet certain eligibility criteria, including:
The individual must have completed their sentence.
The individual must not have committed any new offenses since the conviction.
The conviction must be one that qualifies for sealing under Alabama's laws.
Sealing is often less intricate of a process than expungement, but it may still require legal assistance to make sure the process goes smoothly.
How a Criminal Defense Attorney Can Check If You Qualify
Given the variety of factors that influence eligibility for expungement or sealing, it’s essential to work with a criminal defense attorney who can help you understand the process and determine whether you qualify.
A criminal defense attorney familiar with Alabama's laws will know which offenses are eligible for expungement or sealing and can help you gather the necessary documentation for your application.
Moreover, a criminal defense attorney can help you identify potential obstacles, such as additional criminal charges or a complicated case history, that could prevent your eligibility. Working with a qualified attorney increases your chances of successfully having your criminal record expunged or sealed.
Consult With a Legal Professional Today
The process of expunging or sealing a criminal record in Alabama can provide individuals with the opportunity to start anew. By understanding these key eligibility factors, you can make informed decisions about whether expungement or sealing is a viable option for your criminal record.
Reach out to Brian J Lockwood LLC in Mobile, Alabama, today to schedule a consultation with the firm's experienced criminal defense attorney.
