Articles Tagged with Pardons

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We now have a significant amount of clarification on current procedures for hearings before Alabama’s Board of Pardons and Paroles. Specifically, these clarifications are related to the order in which cases are heard and how many speakers each applicant is allowed. There have also been changes to the manner in which cases are heard.

If you have an interest in a hearing either for yourself or someone close to you, it will be helpful to know a bit more about what to expect at the hearing.

Order of hearing cases: In the past, cases were called based a numbering system. The earlier you arrived to get in line (they opened the doors at 7:30) the lower your Continue reading ›

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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 ›

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Here at Skier & Associates we have noticed a larger than usual number of potential clients calling our offices for advice and help AFTER they have already had a hearing on a Pardon or Parole request that did not go their way. We cannot emphasize enough that waiting until after the Board has already considered your case is not the best time to reach out to us. Clearly the best time to contact a lawyer for help is prior to a hearing, preferably several weeks or months out.

There are many reasons for this, but the two most important will be discussed here: First, the Board’s extremely limited ability to reconsider their actions, and second the importance of giving the Board all necessary information BEFORE their initial decision.

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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 ›

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During its 2019 Regular Session, HB 380, which restructures and places severe limitations on the powers of the Alabama Board of Pardons and Paroles passed both legislative houses and is now awaiting the Governor’s signature, which is likely. While specifics are to be hammered out during the administrative rules process, the net result will be more restrictions on early parole considerations for most inmates. Importantly, the legislation sets rules for when a parole hearing can be held, based on specific guidelines. As is the case with nearly all legislation, there is good news and bad news. Continue reading ›

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Alabama law requires that, before the Board of Pardons and Paroles can hear a case, they must notify any identifiable victim of their right to be present at a hearing and make their feelings known on the matter. This has two effects on those awaiting a hearing: First, it can delay the hearing as the process of locating and notifying victims progresses. Second, a victim’s wishes carry significant weight with the Board.

Here are my thoughts and experiences on the matter:

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In the past few days, I have received a number of inquiries from people who have been or had a loved one denied parole or a pardon from the Alabama Board of Pardons and Paroles. These potential clients want to know how to appeal a ruling of the Pardon and Parole Board. In every case, I have to give them the bad news: There is NO APPEAL from a decision of the Board. Continue reading ›

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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.

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