If you are following the new law regarding expungement of arrests for certain offenses in Alabama, you will want to read this article:
The article does an excellent job of explaining the rationale behind the law as well as the circumstances under which a person can apply for an expungement.
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.
I was recently given the honor of being appointed to serve a second three-year term as CJA Panel Representative from the Middle District of Alabama. The CJA Panel is the group of private practice lawyers who are accepted by the Federal District Court to receive appointments to represent clients in that court. As CJA Panel Representative, my first task of the year was to attend the national conference in Alexandria, Virginia.
This year marks the 50th anniversary of the Criminal Justice Act, the landmark legislation that set up the system of appointed counsel in place today, allowing even those among us who are unable to afford legal representation will receive the competent, skilled assistance of a lawyer.
After attending the conference, I have a couple of thoughts that I would like to share.
For the past twenty years or so, Alabama laws have been changing in order to address the problem of violence among those in family relationships. These Domestic Violence laws supplement existing laws such as assault, menacing, reckless endangerment, or harassment if the alleged victim “is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant” (Code of Alabama, § 13A-6-132)
In many cases, the “Domestic Violence” designation can result in an increased penalty upon a conviction, and even in the deprivation of civil rights such as the right to possess a firearm. In nearly every case, however, it results in differences in the way cases are handled.
It is the practice in most courts that a person arrested for an offense involving domestic violence is immediately served with a protective order that seeks to prevent further incidents, and sometimes forbids any contact at all between the accused and the alleged victim. Violations of these orders can lead to additional charges being brought against the accused. Because of this. it is important to carefully read these protective orders and strictly comply with their contents.
When a person is under 21 years of age at the time they allegedly commit a criminal offense, Alabama law allows them to be treated by the Court as a “Youthful Offender.” What is Youthful Offender (YO) status and what does it mean for me if I qualify?
When a person is granted YO by a judge, this designation has several benefits, some of them substantial.
First and foremost, if the charged offense is a felony, YO drastically reduces the range of punishment in the case to a maximum sentence of three years. Depending on the level of felony offense involved, this can be an important benefit. Even for a class “C” felony, a YO designation would reduce the maximum time of incarceration from 10 years to 3 years.
Equally importantly, the granting of YO has the effect of sealing the record of the case. Any record of the charge, arrest, and court proceedings are made off limits and are not accessible to anyone not involved in the case. This can be important as a young person embarks on their life and applies for jobs or educational opportunities.
Once a person has been granted YO status, even if they are found guilty of the charged offense, it will not show up on their record as a conviction. Instead, the court will treat it as an adjudication, and none of the usual effects of a conviction will apply. A person adjudicated as a Youthful Offender will not be deprived of their civil rights such as the right to vote or the right to carry a firearm.
The trade-off is that in order to be treated as a Youthful Offender, a person must forefeet their right to a trial by jury, and any trial would be before a judge only in a proceeding that is closed to the public.
No one wants to find themselves the subject of a police investigation, or under arrest for any criminal charge, no matter how minor. Many of us are unprepared and lack the knowledge of how to conduct ourselves in that situation. The information below will help you to handle that situation in the best way possible.
Alabama Pardon and Expungements Blog