Articles Tagged with expungement

There is a ton of buzz regarding Alabama’s new expungement law, particularly the provisions making some of those who have felony convictions eligible for expungement. We have been and continue to field lots of calls from people interested in pursuing pardons and then expungements under the new law.

While the new law sounds good in theory, in practice things are a bit more complicated.

Under the new law, a person who has been convicted of a felony offense (and not all felony offenses are eligible) first must obtain a pardon from the State of Alabama prior to becoming eligible for expungement.

But wait there’s more….

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It’s all to rare that we at Skier & Associates get to share actual good news out of the Alabama legislature, so the changes to Alabama’s Expungement law, which take effect this Summer, come as a very pleasant surprise to us. Some of the changes are those we have been advocating for in this space and elsewhere for years. Other changes were unexpected but still mostly positive.

The most dramatic change is a new provision allowing for those CONVICTED of many misdemeanor and felony offenses to be eligible for expungement under certain circumstances. We have written many times about the faulty logic behind excluding those who have received full pardons from the State of Alabama from expungement eligibility. This law addresses that issue. Further, the law clarifies some technical issues that caused confusion among Courts and practitioners, and revises the scheme for determining filing fees for expungement applicants. Continue reading ›

Each Spring when the Alabama Legislature convenes in Montgomery, we at Skier & Associates look with a sometimes wary eye to see what new laws will emerge from the session.

We are happy to say that there are several promising pieces of legislation in the pipeline this year, and some of these could have a positive impact on our clients. This post will briefly explore two of these measures that will have the most impact on the people we serve.

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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.

Alabama has a new law that will allow many people who have been accused of committing a criminal offense, but had the charges dismissed, were found not guilty by a jury, or completed a program such as drug court or pretrial diversion to have the record of their arrest expunged from their criminal history.

This is a very big deal. At Skier & Associates, we have been advocating and lobbying for such a law for nearly a decade.  It seemed to us to be demonstrably unfair that there was no remedy to have a criminal history cleared under these circumstances.

Our initial reading of the law is that the law will apply to people who were accused of a misdemeanor offense or a non-violent felony offense, and the case was disposed by dismissal, nolle pross, no-bill by a grand jury, or acquittal at trial.

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