What felonies Cannot be expunged in Alabama?
With the exception of cases where the person was found Not Guilty after a trial, the Alabama expungement law does not allow expungement of felony cases involving “violent felonies.” More information on what crimes are classified as “violent felony” offenses in Alabama.
Can you have a felony expunged in Alabama?
With the passage of Alabama Senate Bill 117, not only may dismissed misdemeanor cases be expunged; now, in Alabama, any felony case dismissed may be expunged and convictions for certain criminal offenses, including misdemeanors and felonies, may be expunged from a person’s record.
How long is the expungement process in Alabama?
between two to four months
Expungements in Alabama are not automatic, which means that the judge assigned to your expungement can make the decision to either grant or deny the expungement. If the judge decides to grant the expungement, it will take somewhere between two to four months for the expungement to remove the charge from your record.
What can be expunged in Alabama?
New Alabama Expungement Law Allows for Expungement of Felony and Misdemeanor Convictions
- On April 23, 2021, Governor Kay Ivey signed into law a new Alabama expungement law.
- A MISDEMEANOR CONVICTION CAN NOW BE EXPUNGED WHERE THE FOLLOWING CRITERIA ARE MET:
- FELONY ARRESTS AND CONVICTIONS.
- FELONY CONVICTIONS.
Can a non violent felon own a gun in Alabama?
Even without a conviction, a criminal charge can lead to the loss of one’s rights to possess a firearm. This is because under Alabama law, section 13 A-11-75.
How much does expungement cost in Alabama?
The Cost of Expungement
You will incur some expenses when seeking an expungement in Alabama. There is an administrative filing fee of $300, plus approximately $300 in court costs, a certified records fee of $100 as well as your attorney’s fee.
How far back do background checks go in Alabama?
seven-year
How Far Back Does an Employment Background Check go in Alabama? Under the FCRA, there is a seven-year restriction on the length of time a background check for employment can go for positions that pay under $75,000 per year.
Can my wife own a gun if I’m a felon in Alabama?
Alabama law provides that, subject to certain limited exceptions, no person shall possess or own a firearm, or have a firearm under his or her control, if he or she: Has been convicted2 of committing, or attempting to commit, a crime of violence or a violent offense,3 or a misdemeanor offense of domestic violence.
How can a non violent felon get his gun rights back near Alabama?
When a person is convicted of a felony, they automatically lose the rights listed above. The only way these rights can be restored is to have their conviction vacated (via post-conviction relief, the subject of a future blog post) or to have the rights restored by the Parole Board.
How do you get a felony pardon in Alabama?
You may apply for a pardon by completing the PARDON APPLICATION linked HERE and the WAIVER OF LIABILITY AND AUTHORITY FOR RELEASE OF INFORMATION linked HERE and submitting them via mail ATTN: Pardons Unit or email to [email protected]. Any pardon application received is treated as a full pardon request.
What are crimes of moral turpitude in Alabama?
(38) Torture or other willful maltreatment of a child under the age of 18 as defined in Section 26-15-3. (39) Aggravated child abuse as defined in Section 26-15-3.1. (40) Prohibited acts in the offer, sale, or purchase of securities as defined in Section 8-6-17. (41) Burglary as defined in Sections 13A-7-5 and 13A-7-6.
What shows up in Alabama background check?
A typical pre-employment background check in Alabama will report the following information: Non-expunged felony or misdemeanor convictions. Pending criminal matters. Arrests resulting in convictions.
How do I do a background check on myself?
How to run your own background check
- Verify your Social Security information.
- Obtain a credit report.
- Check your criminal record.
- Get your driving record.
- Review your education and employment history.
- Review your address history.
- Review your social media presence.
- Use a screening company.
What kind of gun can a felon own in Alabama?
Alabama state law is narrower. It prohibits anyone convicted of a violent crime from possessing a pistol, defined as any firearm with a barrel less than 12 inches long. That means a pellet gun may be prohibited, but a long-barreled shotgun is permitted.
Can I own a gun if I live with a felon Alabama?
Defending Clients’ Rights in Birmingham, Vestavia Hills, and Surrounding Communities. If you have been convicted of a felony in Alabama, you are not legally allowed to own or possess a firearm.
Can I own a gun with a non violent felony in Alabama?
How long before a convicted felon can own a gun in Alabama?
Federal law prohibits firearm possession for people convicted of crimes that carry a penalty of one year in jail or longer, which includes all felony offenses in Alabama. Alabama state law prohibits pistol possession by anyone convicted of a violent felony.
Who is eligible for a pardon in Alabama?
To be considered for a pardon or remission, an applicant must have either completed his or her sentence or have successfully served at least three (3) years on parole for the sentence for which the applicant seeks a pardon.
What is the meaning of moral turpitude?
A phrase that describes wicked, deviant behavior constituting an immoral, unethical, or unjust departure from ordinary social standards such that it would shock a community. In criminal law, the law sorts criminal activity into categories of crime either involving or not involving moral turpitude.
Is theft of property a felony in Alabama?
In Alabama Theft First Degree is a Class B felony; the potential punishment is from 2-20 years in prison when the alleged value is over $2,500 dollars. Theft of property in the second degree is a Class C felony; theft in the second degree has potential punishment from 1-10 years in prison.
How far back does of Alabama allow a background check?
7 years
By default, a statewide search covers 7 years of criminal record history, but customers can select from a variety of different time spans (such as 10, 20 or 30 years) when they submit their search, provided state law does not restrict such time spans.
How far back can a background check go in Alabama?
The state of Alabama does not have any restrictions on what can be reported in a background screening report beyond what the Fair Credit Reporting Act (FCRA) dictates.
How far back does a background check go?
4 answers. 5 years. However this might changed based on the role you are applying for.
What shows up on a background check?
Nearly all background checks include a criminal-history check, based on information supplied by the candidate, including their Social Security number. Criminal background checks will reveal felony and misdemeanor criminal convictions, any pending criminal cases, and any history of incarceration as an adult.