Expungements

The short answer to this question is yes, it is important to have a lawyer represent you during this process.

When the legislature passed the law allowing people to have their criminal records expunged, they did not make the process an easy one. There are several technical pitfalls that could cause problems for the inexperienced. Not filing properly could cause a petition for expungement to be denied by the Court, putting you back at square one, and you cannot recover your filing fee if you make a mistake in your filing. Furthermore, if there is an objection to a petition, a court hearing will be required. When this happens, having a lawyer by your side could make the difference between winning and losing.

It is important to have someone working for you who is a professional and who is intimately familiar with the law, and who will make sure that the process is handled properly and in accordance with the technical requirements.

In addition, at Richard DeWeese Attorney at Law, we handle the often confusing and difficult process of obtaining all of the supporting documentation that must be filed with your petition, all for one all-inclusive fee.

The effective date when Expungements can be filed in Alabama is July 7, 2014. Richard DeWeese Attorney at Law is ready to start preparing your paperwork today.

Yes, by law there is a $300.00 administrative fee plus any cost of court or docket fee (usually between $230 and $325 depending on the County) for filing the Petition for Expungement in the Circuit Court. In addition, there will be a charge for obtaining copies of your record, both from the Court that handled your case as well as from the Alabama Criminal Justice Information Center. ALL of these costs are INCLUDED in our all-inclusive fee… they are not additional costs to you.

A Petition for Expungement is prepared and filed with the Circuit Court in the jurisdiction where the charge was originally filed.

The Petition MUST include the following:

• Sworn Statement by you seeking Expungement stating that all requirements have been met
• A certified record of arrest, disposition, or case action, action summary from the appropriate agency for the Court record seeking to be expunged
• A certified official criminal record obtained from the Alabama Criminal Justice Information Center
• A specific description of the criminal charges from the record to be considered along with the agency or department where the arrest was made or where you were incarcerated or detained

HOWEVER, when you hire Richard DeWeese Attorney at Law we take care of ALL of the requirements listed above for you. All you need to do is provide us with some simple information and we will do the rest. We even provide the forms!

Misdemeanor Charges

You are eligible if you were charged with a misdemeanor criminal offense, a violation, a traffic violation, or a municipal ordinance violation. And, you would need to meet one of the following circumstances:

• Charge was dismissed with prejudice
• Charge has been no billed by a grand jury
• You were found not guilty of the charge
• Charge was dismissed without prejudice more than two years ago, has not been refilled, and you have not been convicted of any other felony, misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations during the previous two years.

Non Violent Felony Charges

You are eligible if you were charged with a non-violent felony charge as long as you meet ONE of the following requirements:

• Charge is dismissed with prejudice
• Charge is no billed by a grand jury
• You were found not guilty of the charge
• Charge was dismissed after successful completion of a drug court program, mental health program, veteran’s court, or any other court approved deferred prosecution program after one year from successful completion of program
• Charge was dismissed without prejudice more than five years ago, has not been refiled, and you have not been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations, during the previous five years.

Unlike some other law firms, we disclose upfront how much we charge. Unlike some other places, there are no hidden fees or surprises. You can always find someone who is willing to say that they will do it cheaper, but if you are looking for a reputable firm who will follow through with their promises, then you are in the right place.

Our “flat fee” includes ALL costs. We will conduct the research, file the necessary paperwork, respond to any written opposition from the district attorney, and send one of our qualified attorneys to represent your case in court.

We will NEVER come back to you asking for more money.

It depends. No “violent felony” charge can be expunged at this time. ONLY non-violent offense charges such as drug possession, theft of property and fraudulent use of a credit card are eligible for expungement as long as ONE of the following requirements is met:

• Charge is dismissed with prejudice
• Charge is no billed by a grand jury
• You were found not guilty of the charge
• Charge was dismissed after successful completion of a drug court program, mental health program, veteran’s court , or any other court approved deferred prosecution program after one year from successful completion of program
• Charge was dismissed without prejudice more than five years ago, has not been refiled, and you have not been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations, during the previous five years.

All records in the custody of the Court and any records in the custody of any other agency or official. The State of Alabama will destroy/ remove ANY records in their possession.

It will take Richard DeWeese Attorney at Law approximately 30-45 days to gather all information, obtain certified records, prepare the petition and file all documents with the Circuit Court where the charge occurred. If there is no objection to the Petition for Expungement from the prosecuting authority or the victim within 45 days of the filing, then the Expungement will be granted. It is estimated it will require approximately 70-90 days from start to finish.

No, there is no guarantee. However, at Richard DeWeese Attorney at Law we take every step necessary to put you in the best possible position for your Expungement to be granted.

Yes there is. There is the possibility you would be eligible for a Pardon. Attorney Richard DeWeese will be glad to determine if you are eligible for a Pardon. You can contact Attorney Richard DeWeese at www.skierlaw.com

Our lawyers have over 70 years of combined legal experience. We know how the legal system works. We know the new law in depth and we are prepared to handle all Expungements. Expungements are the ONLY thing we do! We will handle the process from beginning to end. Expungements are new in Alabama and they are technical and tedious. A general practice attorney who does a variety of different legal matters may not have the knowledge and efficient system in place to handle expungements. WE ARE THE EXPERTS! EXPUNGEMENTS ARE THE ONLY THING WE DO!