HOW DO YOU GET A MISDEMEANOR CRIMINAL ASSUAL 3RD EXPUNGED IN ALABAMA? 2 Answers as of September 21, 2012I live in ALabama and I have a misdemeanor i got back in 2007 for 3rd degree assualt. I had to do 1 year of probation and pay fines and restitution. Now in 2012 I got another misdemeanor which was Crinimal mischief 3rd degree and I an now currently on 2 year probation and have to pay fines and court cost. I want to know can i gat my record exponged now for only the misdemeanor charge I had back in 2007 which was the Assualt 3rd degree. I know I cannot get it exponged for the most current misdemeanor I am curretnly servicing 2 probation for.
The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
In Alabama, we do not have an ability to expunge a record. What we do have is the Pardon process. The Alabama Board of Pardons & Paroles oversees the pardon process. There is a 3 member board that reviews these applications and it takes 2/3 vote to receive a pardon. When qualifying for a pardon, the board is looking for individuals with past criminal histories that have had no new charges within 3 years. Following termination of probation and payment of all fines is required prior to applying for a pardon. It is best advised to consult an attorney who specializes in Pardons since any denial of a pardon will cause you to be disqualified to apply for two years. There is information on my website that outlines pardons in Alabama at swann-zwibel.com which can give you more information. Currently you do not qualify since you are currently serving probation on the new charge. Only after your probation has been completed and you have paid all of your court fines could you begin to apply. It is important not to apply while on probation since you will be disqualified automatically and will not be able to reapply for no less than 2 years.
Answer Applies to: Alabama