Spencer Wright Law Firm, LLC

521 Madison Street SE, Suite 202, Huntsville, AL 35801, USA

©2019 by Spencer Wright Law Firm LLC | Huntsville Alabama Lawyer

 No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. This website is designed for general informational purposes only. 

Our Huntsville Criminal Defense Lawyers Can Help you Determine if You are ELIGIBLE TO EXPUNGE your CRIMINAL RECORD

Qualified Charges for Expungement

A misdemeanor criminal offense, traffic violation OR a municipal ordinance violation may be expunged if:

  • the charge was dismissed with prejudice

  • the charge was no billed by a grand jury

  • the defendant was found not guilty of the charge

  • the charge was dismissed without prejudice more than two years ago, has not been refiled, and the defendant has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations, during the previous two years

 

A non-violent felony charge may be expunged if:

  • if the charge was dismissed with prejudice

  • the charge was no billed by a grand jury

  • the defendant was found not guilty of the charge

  • the charge was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran's court, or any court-approved deferred prosecution program AND more than one year has passed from the successful completion of the program

  • if the charge was dismissed without prejudice more than five years ago, was not refiled, and the petitioner 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

  • ninety days have passed from the date of dismissal with prejudice, no-bill, acquittal, or nolle prosequi and the charge has not been refiled

 

An order expunging a record cannot be issued unless all court ordered monies have been paid, including restitution, fines, court costs, fees, or statuary fees.

 

Benefits of Expungement

Expunged records may not be used for any non-criminal justice purpose and may only be made available to criminal justice agencies upon acknowledgement of an investigation or other criminal matter involving the person related to the expungement