Call: 256.599.4113 or 256.686.1147 | Email: jwatson@jwatsonlaw.com
Call: 256.599.4113 or 256.686.1147 | Email: jwatson@jwatsonlaw.com
The State Legislature of Alabama enacted a law in 2014 that allows the citizens of Alabama to clear their record under certain circumstances. This law has been amended several times, most recently in 2021. Attorney Jonathan D. Watson understands this law and can quickly and efficiently petition to clear your record. This law has the ability to change lives.
Please see the 12 Most Frequently Asked Questions about Expungements below to find the answers to the most commonly asked questions. These are the questions we have heard time and time again as the Expungement law has evolved and been applied.
Please reach us at jwatson@jwatsonlaw.com if you cannot find an answer to your question.
Absolutely. The process of applying for an expungement is fraught with requirements, research, record retrieval, and application of the law. Additionally, given limitations in the law, a strategic consideration is also necessary.
Yes. There are costs for record requests, filing fee, and other administrative costs. Attorney fees are also part of the process.
Generally speaking, the first step is to assess what charges and/or convictions are eligible for expungement. After identifying these, preparation of the application begins by acquiring certified records from the relevant Courts, securing the client's criminal background report from ALEA, and identifying those parties who must, under law, be served with notice of the request to expunge. The formal Petition will be drafted, edited, and signed by the client. After submission of all necessary paperwork to the Circuit Court and service to all parties, the relevant District Attorney will decide whether or not to object to the request. If so, then a hearing will be held. If no objection, the Court may grant the expungement after the passage of forty-five (45) days.
In 2021, the Alabama State Legislature expanded the class of charges/convictions eligible for expungement. As a result, a large swath of misdemeanors, violations, and felonies are eligible for expungement. Even if the client was convicted, expungement may still be possible.
After handling dozens of expungements, our firm has determined the best way to charge for an expungement is through a flat fee. This means there are no surprises. Everything is presented at the first meeting and will not change or increase. This flat fee includes ALL costs of the process. Unlike some other places, there are no hidden fees or surprises. You can always find someone who is willing to say that they will do it cheaper, but if you are looking for a reputable firm who will follow through with their promises, then you are in the right place.
All types - violations, misdemeanors, and felonies. There are limitations for violent and sexual crimes. Some serious traffic offenses are also excluded. Please contact Mr. Watson to evaluate whether your prior charge or conviction is eligible for expungement.
Most felony charges are eligible for expungement. Even if convicted, there are avenues to expunge the conviction.
All records in the custody of the Court and any records in the custody of any other agency or official. The State of Alabama will remove ANY records in their possession from the applicable databases and will archive the same in a sealed file. These records may only be released under extremely limited circumstances, typically in a separate civil lawsuit related to the charge that has been expunged.
This depends on the county in which the expungement is filed - some are faster than others. Our firm focuses on swiftly gathering the necessary documentation to submit the application to the Court. After submission, we wait for the required passage of time and then submit a proposed Order to the Court to assist in the granting of the expungement. On average, this entire process may take between three (3) and six (6) months.
There is no guarantee as it is not possible to know if the DA will object and, if so, what the basis of the objection will be. That being said, our firm has yet to file an expungement that was not granted, and we have not had an expungement request objected to by the DA. Of course, this is all anecdotal. Every request is different.
It is sometimes possible to acquire a pardon.
Our firm has extensive legal experience. We know how the legal system works. We know the expungement law - with all the recent changes - in depth, and we are prepared to handle all Expungements. Mr. Watson will personally handle the process from beginning to end. Expungements are relatively new in Alabama, and they are technical and tedious. The law changes often. A general practice attorney who does a variety of different legal matters may not have the knowledge and efficient system in place to handle expungements. We do.
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