Articles Posted in Expungement

Although the disruptions to our legal system because of the COVID pandemic continue, there is progress being made in re-opening the judicial system safely. In the past week, I have become aware that in many counties in Alabama, there will soon be jury trials with steps taken to ensure proper social distancing both during jury selection as well as the trial itself. In the Federal Court for the Middle District of Alabama, a jury trial was held this week, which will likely serve as a “test run” for future jury terms. We have taken part in a live evidentiary hearing in Federal Court before a Magistrate judge, and everything went smoothly as expected, although precautions such as plexiglass partitions and face covering requirements were in place.

At Skier & Associates, we have submitted the materials to the Alabama Board of Pardons and Paroles for two clients with hearings scheduled the week of August 17. Because the Board is not holding live hearings, these clients were required to submit their argument in advance of the hearing date. I have been critical of this decision in the past. We now understand that the Pardon and Parole Board hopes to begin live hearings once again in October of this year. We hope this plan comes to pass, as not only do applicants deserve to be heard, but on a personal level we miss presenting our clients’ cases in a live setting. Continue reading ›

Courtrooms throughout central Alabama either continue to be closed (Montgomery County, Federal Middle District Courts) or have recently announced closure (As of this week, Elmore, Autauga and Chilton County Courts have closed.) Even those courtrooms that are ostensibly open for business are currently severely limited in what kind of matters they can handle during the COVID-19 pandemic. Obviously jury trials (and Grand Jury hearings) are suspended indefinitely as there is no safe way to achieve social distancing requirements for jurors and others in the courtroom. Other types of hearings are going forward but the slow pace is still creating a backlog of cases that will, in our opinion, take years to resolve once things start moving again.

Interestingly, any Municipal courts within the Circuit Court’s jurisdiction are bound by a Presiding Judge’s order of closure. This means that cases in Montgomery, Wetumpka, Prattville and Millbrook Municipal Courts will be closed until the Presiding Circuit Judge’s order of closure is lifted.

The Alabama Board of Pardons and Paroles continues to hold “hearings” but is not allowing live or virtual testimony or presentation of evidence. At the present time applicants must submit materials in support of their position and wait for the result to be announced. We have written previously in this space about the inadequacy of this process and continue to call on this Board to allow virtual hearings for those that request them. After all, a hearing on a Pardon application or Parole request are vitally important to the people involved and these applicants deserve to have their say. Continue reading ›

We at Skier & Associates have received information that there will be a bill filed in the upcoming legislative session that would expand Alabama’s existing expungement law to allow expungement of certain convictions as well as pardoned convictions.

As always, the legislative process is unpredictable and slow. Stay tuned to this space for updates and a critique of any new law passed by the legislature and signed by the governor.

Skier & Associates is pleased to announce that our website describing the expungement process and how we plan to handle expungements for eligible clients is now LIVE.

Visit http://www.alabamaexpungement.com/ to learn more about the process of expunging your arrest record as well as what we can do for you if you are one of the thousands of people who are eligible for expungement of your arrest record.

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