Expungement Lawyer in Huntsville, AL

We assist clients with gathering records for an expungement petition, including the certified criminal history record the Alabama Law Enforcement Agency requires before filing. We also prepare the Petition for Expungement of Records, identify the records and agencies involved, and submit the required certified documentation to the appropriate circuit court. If the charge was filed in Madison County, that generally means filing in the criminal division of the Madison County Circuit Court.

After the required parties are served, the district attorney and victim generally have 45 days to submit a written objection. If the court schedules an expungement hearing, we can prepare you for the issues the judge may consider and for testimony when it’s required.

Hundreds of Alabama Expungement Cases Handled

Attorney Frank Ward has handled hundreds of Alabama expungement cases since Alabama enacted its expungement law. Drawing on his more than 18 years of legal experience, we tailor our counsel to each client’s charges, disposition, employment concerns, and record.

We offer flexible scheduling, including virtual meetings. We also have experience assisting clients whose circumstances involve government employment or security clearances, where disclosure requirements and background reviews may require particular attention.

Contact our Huntsville expungement lawyer today for a free consultation: (256) 578-7729.

Can You Get a Violent Felony Expunged?

Sometimes, but eligibility depends on whether the case involved a felony charge or a felony conviction and how it was resolved. Alabama law treats the expungement of a felony charge differently from the expungement of a felony conviction. The offense label alone doesn’t answer whether a record qualifies.

Under Alabama Code Section 15-27-2, certain felony charges may qualify when they were dismissed, no-billed by a grand jury, or resulted in an acquittal, subject to the statute’s requirements. Other dispositions, including qualifying pretrial diversion matters and some dismissals without prejudice, may involve additional conditions or waiting periods.

Violent Offenses

Violent offenses are subject to significant statutory restrictions, particularly when the case resulted in a conviction. Examples identified under Alabama law may include:

• Murder
• Manslaughter
• Kidnapping in the first degree
• Assault in the first degree
• Rape in the first degree

A charge involving a violent offense shouldn’t automatically be treated the same as a conviction. A dismissal, no bill, or acquittal may affect the analysis, but the complete disposition and current statutory exclusions must be reviewed before filing.

Felony conviction expungement has additional restrictions. Convictions involving violent offenses, sex offenses, offenses classified as involving moral turpitude, and certain serious traffic offenses may be excluded. We review the conviction, completion of the sentence and related obligations, prior record, and current Alabama law before advising whether a petition may be available.

Can Misdemeanors Be Expunged?

Yes, misdemeanors can be expunged in Alabama under certain conditions. Alabama Code Section 15-27-1 addresses misdemeanor charges and convictions, along with violations, traffic violations, and municipal ordinance violations.

Eligibility for Misdemeanor Expungement

Potential qualifying dispositions include:

• The charge was dismissed with prejudice.
• You were found not guilty of the charge.
• The charge was no-billed by a grand jury.
• The charge was resolved through a qualifying nolle prosequi disposition.
• You successfully completed a qualifying court-approved diversion or deferred-prosecution program.

Some dismissals without prejudice and program-based cases have waiting-period requirements. Misdemeanor conviction expungement may also require completion of applicable probation or parole obligations and payment of required court-ordered amounts. Additional statutory exclusions can apply, so we determine eligibility from the actual court disposition rather than a generalized checklist.

How Much Does It Cost to Get a Record Expunged?

The cost of getting a record expunged in Alabama varies based on court and administrative charges, attorney fees, required records, service expenses, and the complexity of the case. The number of charges and agencies involved, the case disposition, and whether the court sets a hearing can all affect the total.

An expungement application may involve court-imposed or administrative charges. Because applicable requirements can change and may depend on the petition, we confirm the relevant charges rather than presenting a fixed filing-fee estimate.

At Ward Law, we explain our fees and provide a case-specific estimate during your free initial consultation.

Additional expenses may include obtaining a certified criminal history record, certified court records, background documentation, and completing required service. We review the anticipated records and procedural steps with you before you decide how to proceed.