Expungement Alabama Lawyer

Expungement of Shoplifting Cases in Alabama

Fri, 14 Apr 2023 20:25:00 GMT

Expungement of shoplifting cases in Alabama is now possible if the case was a misdemeanor (Theft of Property, 4 ^th degree, or previous statute Theft of Property, 3 ^rd degree). Were you arrested for misdemeanor shoplifting in Alabama? If so, an Alabama Expungement can wipe clean your criminal background reports and other public records of the case.

Shoplifting Misdemeanor Expungement in Alabama

A shoplifting / theft of property, 4 ^th degree charge (or previous Theft of Property, 3 ^rd degree) is a theft of property that does not exceed $500 in value and not taken from the person of another. See: Section 13A-8-5 (Cod of Ala.):

“(a) The theft of property which does not exceed five hundred dollars ($500) in value, and which is not taken from the person of another constitutes theft of property in the fourth degree. (b) Theft of property in the fourth degree is a Class A misdemeanor.” Section 13A-8-5 (Cod of Ala.)

Retail Shoplifting Expungements in Alabama

Large retailers in Alabama have become very aggressive in the apprehension and prosecution of suspected shoplifting in the past few years. For example, self-Checkout kiosks at Wal-Mart and other retailers are monitored by multiple cameras at each kiosk and some stores are now installing Artificial Intelligence (AI) anti-theft technology. These retailers also have “eyes in the sky” – 360 degree cameras in the ceiling throughout the store. These cameras are far away but can be controlled remotely by loss prevention workers to follow and zoom in on suspected shoplifters.

Many people are unaware of the following fact: If you were previously charged with shoplifting / theft of property, 4 ^th degree in Alabama, even if the case resulted in a non-conviction (dismissed, nolle prossed, not guilty after trial, etc.), you will still have the record of the arrest for shoplifting on you criminal background reports with the state, FBI, and non-government background reports, unless you are granted an Order of Expungement in Alabama.

Expungements of Shoplifting Cases in Alabama are Required for Certain Career Fields

Many shoplifting expungement cases our law office handles throughout Alabama involve small, retail theft such as self-checkout at Walmart and other retail stores. In many of these instances the client previously did not hire an attorney and may have pled guilty in court without knowing the consequences of a shoplifting / theft conviction on their record. Many careers and industries will require a prospective employee to have a misdemeanor theft charge / conviction in Alabama expunged before being eligible to be hired.

For example, the FDIC regulations will generally require anyone working in the banking or finance industry that has previously been charged (even if not convicted) of a misdemeanor shoplifting in Alabama to have the records expunged by the proper court in order to be eligible work in that industry.

Misdemeanor Shoplifting Convictions can now be Eligible for Expungement in Alabama

The Alabama Expungement statute was amended and expanded in 2021 with the passage of the “REEDEMER Act” by the Alabama legislature and signed into law by the Governor. The expansion of the Alabama Expungement laws now allows for misdemeanor Theft of Property / Shoplifting charges and convictions to be eligible to petition for expungement if all prerequisites and criteria are met per the statute.

If you were previously charged with shoplifting / theft of property 4 ^th degree in Alabama and your case was “nolle prossed” or “dismissed with prejudice” (as Ordered on the final Case Action Summary) you can be eligible to Petition for Expungement of the arrest records after 90 days from the final Order from the Judge. If the case was “dismissed” you must wait a year from the date of dismissal before it is eligible to Petition for Expungement.

If you were convicted (pled guilty or found guilty after a trial) of shoplifting / theft of property, 4 ^th degree in Alabama, you must wait three (3) years before your case can be eligible to petition or an Expungement of the conviction.

Alabama Expungement Lawyer, Jordan M. Copeland Represents Clients in Petitions for Expungement of Shoplifting Cases in Alabama

Experienced, and result oriented Alabama Expungement Lawyer, Jordan M. Copeland has successfully represented clients in hundreds of petitions for expungement throughout Alabama since the first expungement law was passed in Alabama in 2014. Jordan M. Copeland, and his law office have also successfully defended hundreds of people against shoplifting charges in Alabama since 2007. Alabama Expungement Lawyer, Jordan M. Copeland has many former clients that were granted Orders of Expungement from the Court after being charged and convicted of misdemeanor shoplifting in Alabama.

It does not matter in what state you live, if you were previously charged and/or convicted of misdemeanor shoplifting in Alabama, you must petition the proper court in Alabama for an expungement. Alabama Expungement Lawyer, Jordan M. Copeland can handle your expungement representation remotely with no office visit necessary. Feel free to read our Google Reviews from real former clients. Our experience and results speak for themselves.

For more information and possible representation in the petition for expungement process of a shoplifting / theft of property, 4 ^th degree charge in Alabama, contact the Alabama Expungement Law Office of Jordan M. Copeland at (205) 924-3839 or Jordan@ExpungementAlabamaLawyer.com.

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Alabama Expungement Clears a Criminal Background Report.

Tue, 14 Feb 2023 17:34:00 GMT

Will an Alabama expungement clear a criminal background report? We are often asked that question by potential expungement clients and the answer is generally “yes”. An Alabama Expungement clears a criminal background report. After a Circuit Court in Alabama issues an Order of Expungement the process of the record of arrest / conviction being cleared from the client’s State of Alabama and Federal Criminal Background Reports begins. (See §15-27-6 and §15-27-7 Ala. Code , 1975)

Expungement of Records from State of Alabama (ALEA) and FBI Criminal Background Reports

All criminal justice agencies with records of the arrest / conviction that were ordered expunged and are subject to the Alabama expungement statute should receive a copy of the Order of Expungement (sent by the Circuit Clerk). Then they will have 180 days to certify to the Court that the required expungement action has been completed. (See: §15-27-6 Ala. Code , 1975) The following language or similar language will generally be contained in an Order of Expungement issued by Circuit Courts in Alabama:

“… ORDERED that any other Agency or Official having custody of records pertaining to the above-listed Charge and Case No. shall EXPUNGE, by collecting and sending said records to the Alabama Law Enforcement Agency (ALEA), all records, including law enforcement records* , in the custody of the named Agency, Official, or Law Enforcement Officer pertaining to the above-listed Charge and Case No. ________ … It is Further Ordered that all proceedings related to the above listed charges are DEEMED NEVER TO HAVE OCCURRED. VIOLATION OF THIS ORDER IS PUNISHABLE UNDER ALABAMA LAW. “AN INDIVIDUAL WHO KNOWS AN EXPUNGEMENT ORDER WAS GRANTED PURSUANT TO THIS CHAPTER [§ 15-27] AND WHO INTENTIONALLY AND MALICIOUSLY DIVULGES, MAKES KNOWN, REVEALS, GIVES ACCESS TO, MAKES PUBLIC, USES, OR OTHERWISE DISCLOSES THE CONTENTS OF AN EXPUNGED FILE WITHOUT A COURT ORDER, OR PURSUANT TO A PROVISION OF THIS CHAPTER, SHALL BE GUILTY OF A CLASS B MISDEMEANOR.” Ala. Code § 15-27-16(a) (1975). *Including Alabama law enforcement records except privileged presentence or post-sentence investigation reports produced by the Alabama Board of Pardons and Paroles and its officers, records, documents, databases, and files of the district attorney and the Office of Prosecution Services. Ala. Code § 15-27-6(a) (1975).” (See: State of Alabama Unified Judicial System Form CR-65D Rev. 4/2015)

For purposes of the Alabama expungement law, a “… RECORD… The term shall include, but is not limited to, all of the following:

a. Arrest and conviction records.

b. Booking or arrest photographs of the petitioner.

c. Index references such as the State Judicial Information System or any other governmental index references for public records search.

d. Records relating to administrative suspension pursuant to Article 14 of Chapter 5A of Title 32, including driver license suspension records.

e. Other data, whether in documentary or electronic form, relating to the arrest, charge, or conviction.” Ala. Code § 15-27-9 (1975)

Additionally, for purposes of the Alabama expungement law, § 15-27-9(1) “CRIMINAL JUSTICE AGENCIES” are defined in Section 41-9-590 as “… Federal, state, local, and tribal public agencies that perform substantial activities or planning for activities relating to the identification, apprehension, prosecution, adjudication, or rehabilitation of civil, traffic, and criminal offenders.

In practice, our law firm’s experience in Alabama expungement case procedure post-expungement order, the following generally happens: in a few weeks to a few months (but up to 180 days) the Alabama Law Enforcement Agency (ALEA) will mail a letter to the client informing them, in substance, that the record(s) of the arrest and/or conviction that was ordered expunged has now been removed from the client’s State of Alabama Criminal Background Report and from the client’s Federal Bureau of Investigation (FBI) National Criminal Records Repository. An Alabama Expungement clears a criminal background report.

The result of this removal of records is a clear ALEA and FBI background report, in relation to the arrest and/or conviction that was expunged. Thereafter, if the client’s criminal history report is requested from ALEA (State of Alabama) or the FBI, the report will be clear and not reflect any indication the client was ever arrested, charged, and/or convicted in relation to the expunged case. If the client has had no other arrests / convictions, the client’s criminal report shall simply show in substance “Arrests: – None”. An Alabama Expungement clears a criminal background report.

Expungement of Records from Private Criminal Database Companies.

Is the record of the client’s arrest / conviction removed from non-government Criminal Background Reports (Private Criminal Database Companies)? Our Alabama Expungement law firm is often asked this question and the answer is generally, “Yes, when the private criminal database company either updates its records or is put on notice of the expungement order.” There are hundreds if not thousands of private criminal database companies that provide criminal history reports on individuals.

Unfortunately, some of these companies are more reputable than others resulting in many not updating records frequently. These companies provide many employers with backgrounds checks on potential employees during the job interview process. Federal law governs these companies because they provide “consumer reports” – a non-government, private company providing criminal history reports for a fee.

However, Federal law currently does not mandate a minimum frequency of how often these companies must update their records. Reputable private criminal database companies may update their records very frequently, whereas less reputable companies may go a year or more without updating their records. Updating their records would include the company requesting any changes to the person’s criminal record from the court clerk and/or government (state/federal) criminal databases – ALEA / FBI.

Remember, after an order of expungement is issued in Alabama, the clerk of court and other agencies that previously had record of the charge that has since been expunged will respond that “no record exists” to requests for a case file that has been expunged (unless the request is from certain government agencies as provided in Alabama’s expungement statutes). Further, ALEA and FBI criminal reports will not reflect any record that the person was ever arrested / charged after the expungement order has been processed. Therefore, the private criminal database companies that request updates should then remove the record from their database at that point as well.

Putting these private criminal database companies on notice of the expungement order is the fastest way to get the record removed with these companies. If our Alabama Expungement law firm represents you in successfully obtaining an order of expungement we can provide you with the resources that will put about 400 of the major private criminal database companies on actual notice of the expungement order resulting in them removing the record quickly. The reputable private criminal database companies are generally more than happy to remove an expunged record from their database when a copy of the order of expungement is provided to them.

If you need a clear criminal background report from a prior charge or misdemeanor conviction in Alabama that is eligible for expungement, contact Alabama Expungement Lawyer, Jordan M. Copeland to find out more details of representation in the petition for expungement process in Alabama. Email: Jordan@ExpungementAlabamaLawyer.com or call: (205) 924-3839.

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Youthful Offender Cases and Criminal Backgrounds in Alabama

Fri, 16 Sep 2022 15:41:00 GMT

Our law office provides legal representation for clients seeking to remedy Youthful Offender cases on criminal backgrounds in Alabama. Does your criminal background report from ALEA and/or the FBI report a Youthful Offender, inaccurate, or incomplete charge? Our Alabama law office represents clients seeking to correct these criminal reports.

Cases Granted Youthful Offender Status in Alabama Courts and Criminal Background Reports

According to Alabama’s Youthful Offender statute – if a person charged with a crime in an adult court (not juvenile court) in Alabama is under the age of 21 at the time of the alleged offense, that person has the right to make an application with the court requesting Youthful Offender status be granted. If you had a prior criminal case in Alabama that was granted Youthful Offender status, it is sealed and the fact that you were arrested, charged, and adjudicated should NOT appear on your ALEA, FBI, or other criminal background reports. The report should be blank in relation to your prior Youthful Offender case.

For example, John Doe was charged with a felony drug charge in a county in Alabama many years ago. During the case, the Court granted Mr. Doe Youthful Offender status. As a result of receiving Youthful Offender status, his case was sealed by the Court Clerk. However, ALEA and the FBI are reporting the felony arrest on his Alabama and FBI criminal background report. Our law office represents people in Mr. Doe’s situation in seeking the remedy of correcting his criminal history reports to remove the improperly reported Youthful Offender case.

Youthful Offender Adjudications in Alabama are NOT Felony or Misdemeanor Convictions

If you were granted Youthful Offender status in a prior criminal case in Alabama and you were adjudicated “guilty” of being a youthful offender then you were not guilty of the original criminal charge. You are only adjudicated “guilty” of being a youthful offender – meaning you are not convicted of the original charged felony or misdemeanor in the case. Therefore, a person granted Youthful Offender status in Alabama does not lose civil or political rights the person would lose if convicted of the felony with no youthful offender status. You do NOT lose your right to own or possess a firearm or ammunition if you are adjudicated guilty of being a youthful offender in Alabama.

Criminal Charges Granted Youthful Offender Status by an Alabama Court are Sealed – no matter the outcome

Also, as explained above, if you are granted Youthful Offender status in Alabama – even if you are adjudicated guilty of being a youthful offender – your criminal history report should not be reporting the fact that you were ever arrested for the charge. In this situation, your ALEA and FBI criminal history reports should be clear of any arrest or charge because the youthful offender file is sealed by the Court under Alabama law.

Incomplete Criminal Background Report Indicates an Old Case is Still Open or Pending

Another situation involves potentially incomplete background reports where a person’s prior case shows a still pending or no disposition many years after a charge has been dismissed or nolle prossed.

For example, Jane Doe is charged with a felony drug charge in a county in Alabama. As a part of the case, Ms. Doe is allowed to enter Pre-trial Diversion and she successfully completes CRO and drug court. As a result, her case is “nolle prossed” or “dismissed”. However, on her criminal background report, the disposition is not reported, the charge appears to still be pending, or is inaccurately reported as a conviction. Our law office represents people in Ms. Doe’s situation in seeking the remedy of updating or correcting her criminal history reports to update the proper disposition.

Petition for Expungement vs. Requests to Correct Criminal Background

In these examples, if the client’s charge is also eligible for expungement in Alabama, we will discuss this remedy as it may be preferable in the situation. Inaccurate and incomplete criminal background reports in Alabama can result in a lost job opportunity, denial of a career advancement, denial of a professional license, denial of rental application, and more. Our law office will contact the proper agencies involved and work through the process in an effort to have inaccurate and incomplete criminal background reports from Alabama corrected for our clients.

No matter what state you currently reside, if you have a prior youthful offender charge in Alabama that is appearing on your ALEA criminal background report, we can represent you in seeking to remove this record from your report – including other inaccuracies. Feel free to contact Alabama Expungement Lawyer, Jordan M. Copeland via email at jordan@expungementalabamalawyer.com or by phone at 205-924-3839 to discuss potential representation.

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Misdemeanor Convictions Expungement in Alabama

Wed, 14 Jul 2021 19:52:00 GMT

Some Misdemeanor Convictions are Now Eligible for Expungement in Alabama

Effective July 1, 2021, some misdemeanor convictions are eligible for expungement in Alabama. With the new expanded Alabama Expungement law comes the eligibility for many new types of charges / convictions to now be eligible for an expungement under Alabama law. In this blog post we will focus on Misdemeanor Convictions Expungement in Alabama. Specifically, what Alabama misdemeanor convictions may now be eligible for expungement in Alabama.

Keep in mind, alternatively, if you had any prior misdemeanor or felony charge that did not result in a conviction in Alabama, it may be eligible for expungement under the expanded Alabama Expungement law, if the other statutory criteria are met.

Misdemeanor Convictions Must Meet These Factors to be Eligible for an Expungement in Alabama

Misdemeanor Convictions Expungement in Alabama can clear an eligible misdemeanor conviction from your criminal background to the extent of the Alabama Expungement Law. Subsection (b) of 15-27-1 of the Code of Alabama is the first portion of substantial expansion of eligibility with the new 2021 Alabama Expungement Law. This subsection makes certain misdemeanor and violation convictions eligible for expungement as long as certain factors a met. This subsection states in pertinent part:

“ … [A] person who has been convicted of a misdemeanor offense, a violation, a traffic violation, or a municipal ordinance violation may file a petition … to expunge records relating to the charge and the conviction if all of the following occur:

(1) Except as provided in Section 15-27-4, all probation or parole requirements have been completed, including payment of all fines, costs, restitution, and other court-ordered amounts, and are evidenced by the applicable court or agency.

(2) Three years have passed from the date of conviction.

(3) The person was not operating a commercial vehicle at the time and convicted of any of the offenses enumerated in 49 C.F.R. § 383.51

(4) The conviction is not a violent offense, as provided in Section 12-25-32

(5) The conviction is not a sex offense, as provided in Section 15-20A-5

(6) The conviction is not an offense involving moral turpitude, as provided in Section 17-3-30.1. This subdivision does not apply if the crime the person was convicted of was classified as a felony at the time of the conviction, but has been reclassified as a misdemeanor, pursuant to Act 2015-185, and the person has not been arrested for any offense, excluding minor traffic violations, 15 years prior to the filing of the petition for expungement.

(7) The conviction is not a serious traffic offense, as provided in Article 9 of Chapter 5A of -Title 32. …” Section 15-27-1(b) Ala. Code. (emphasis added).

All Probation / Parole Completed, all Court-Ordered Monies Paid, and Three (3)+ Years passed since the Conviction.

Most notably, many misdemeanor and violation convictions are now eligible for expungement in Alabama if all court ordered monies are paid in full and at least three (3) years have passed from the date of the conviction. A conviction can be either a finding of guilty after a trial or a plea of guilty accepted by the Judge.

Convictions of any charge in 49 CFR 383.51 while a person was driving a Commercial Motor Vehicle are not Eligible to Petition for an Expungement

Misdemeanor and violation convictions that are not eligible for expungement under the new Alabama Expungement Law include first, (3) above. This section will apply to Commercial Driver’s License (“CDL”) drivers if you were operating a commercial motor vehicle (“CMV”) at the time of the offense in Alabama and convicted of any of the following offenses as detailed in 49 Code of Federal Regulations Section 383.51, below, then your case is not eligible for expungement in Alabama:

“… (1) Being under the influence of alcohol as prescribed by State law. …

(2) Being under the influence of a controlled substance. …

(3) Having an alcohol concentration of 0.04 or greater while operating a CMV. …

(4) Refusing to take an alcohol test as required by a State or jurisdiction under its implied consent laws or regulations as defined in § 383.72 of this part. …

(5) Leaving the scene of an accident. …

(6) Using the vehicle to commit a felony, other than a felony described in paragraph (b)(9) of this table. …

(7) Driving a CMV when, as a result of prior violations committed operating a CMV, the driver’s CLP or CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV. …

(8) Causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide. …

(9) Using the vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance. …

(10) Using a CMV in the commission of a felony involving an act or practice of severe forms of trafficking in persons, as defined and described in 22 U.S.C. 7102(11). …

(11) Speeding excessively, involving any speed of 24.1 kmph (15 mph) or more above the regulated or posted speed limit. …

(12) Driving recklessly, as defined by State or local law or regulation, including but, not limited to, offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property. …

(13) Making improper or erratic traffic lane changes. …

(14) Following the vehicle ahead too closely. …

(15) Violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident. …

(16) Driving a CMV without obtaining a CLP or CDL. …

(17) Driving a CMV without a CLP or CDL in the driver’s possession.

(18) Driving a CMV without the proper class of CLP or CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported. …

(19) Violating a State or local law or ordinance on motor vehicle traffic control prohibiting texting while driving a CMV. …

(20) Violating a State or local law or ordinance on motor vehicle traffic control restricting or prohibiting the use of a hand-held mobile telephone while driving a CMV. …

(21) The driver is not required to always stop, but fails to slow down and check that tracks are clear of an approaching train. …

(22) The driver is not required to always stop, but fails to stop before reaching the crossing, if the tracks are not clear. …

(23) The driver is always required to stop, but fails to stop before driving onto the crossing. …

(24) The driver fails to have sufficient space to drive completely through the crossing without stopping.

(25) The driver fails to obey a traffic control device or the directions of an enforcement official at the crossing. …

(26) The driver fails to negotiate a crossing because of insufficient undercarriage clearance. …

(27) Violating a driver or vehicle out-of-service order while transporting nonhazardous materials. …

(28) Violating a driver or vehicle out-of-service order while transporting hazardous materials as defined in § 383.5, or while operating a vehicle designed to transport 16 or more passengers, including the driver. … “ 49 C.F.R. § 383.51

The Misdemeanor Conviction must not be a “violent offense”, as provided in Section 12-25-32

Next, under (b)(4) of Section 15-27-1 of the new 2021 Alabama Expungement Law, convictions

of a misdemeanor or violation defined as a “violent offense” under Alabama law, section 12-25-32, are not eligible for expungement. The list of “violent offenses” according to Alabama Code Section 12-25-32 are the following criminal charges in Alabama:

“… VIOLENT OFFENSE. a. For the purposes of this article, a violent offense includes each of the following offenses, or any substantially similar offense to those listed in this subdivision created after June 20, 2003:

1. Capital murder pursuant to Sections 13A-6-2 and 13A-5-40.

2. Murder pursuant to Section 13A-6-2.

3. Manslaughter pursuant to Section 13A-6-3.

4. Criminally negligent homicide pursuant to Section 13A-6-4.

5. Assault I pursuant to Section 13A-6-20.

6. Assault II pursuant to Section 13A-6-21.

7. Compelling street gang membership pursuant to Section 13A-6-26.

8. Kidnapping I pursuant to Section 13A-6-43.

9. Kidnapping II pursuant to Section 13A-6-44.

10. Rape I pursuant to Section 13A-6-61.

11. Rape II pursuant to Section 13A-6-62.

12. Sodomy I pursuant to Section 13A-6-63.

13. Sodomy II pursuant to Section 13A-6-64.

14. Sexual torture pursuant to Section 13A-6-65.l.

15. Sexual abuse I pursuant to Section 13A-6-66.

16. Enticing a child to enter a vehicle for immoral purposes pursuant to Section 13A-6-69.

17. Stalking pursuant to Section 13A-6-90.

18. Aggravated stalking pursuant to Section 13A-6-91.

19. Soliciting a child by computer pursuant to Section 13A-6-110.

20. Domestic violence I pursuant to Section 13A-6-130.

21. Domestic violence II pursuant to Section 13A-6-131.

22. Burglary I pursuant to Section 13A-7-5.

23. Burglary II pursuant to Section 13A-7-6.

24. Burglary III pursuant to subdivision (1) or subdivision (2) of subsection (a) of Section 13A-7-7.

25. Arson I pursuant to Section 13A-7-41.

26. Criminal possession of explosives pursuant to Section 13A-7-44.

27. Extortion I pursuant to Section 13A-8-14.

28. Robbery I pursuant to Section 13A-8-41.

29. Robbery II pursuant to Section 13A-8-42.

30. Robbery III pursuant to Section 13A-8-43.

31. Pharmacy robbery pursuant to Section 13A-8-51.

32. Terrorist threats pursuant to Section 13A-10-15.

33. Escape I pursuant to Section 13A-10-31.

34. Promoting prison contraband I pursuant to Section 13A-10-36, involving a deadly weapon or dangerous instrument.

35. Intimidating a witness pursuant to Section 13A-10-123.

36. Intimidating a juror pursuant to Section 13A-10-127.

37. Treason pursuant to Section 13A-11-2.

38. Discharging a weapon into an occupied building, dwelling, automobile, etc., pursuant to Section 13A-11-61.

39. Promoting prostitution I pursuant to Section 13A-12-111.

40. Production of obscene matter involving a minor pursuant to Section 13A-12-197.

41. Trafficking pursuant to Section 13A-12-231.

42. Child abuse pursuant to Section 26-15-3.

43. Elder abuse pursuant to Section 38-9-7.

44. Terrorism pursuant to Section 13A-10-152.

45. Hindering prosecution for terrorism pursuant to Section 13A-10-154.

46. Domestic violence III pursuant to subsection (d) of Section 13A-6-132.

47. Domestic violence by strangulation or suffocation pursuant to Section 13A-6-138.

48. Human trafficking I pursuant to Section 13A-6-152.

49. Human trafficking II pursuant to Section 13A-6-153.

50. Hindering prosecution in the first degree pursuant to Section 13A-10-43.

51. Any substantially similar offense for which an Alabama offender has been convicted under prior Alabama law or the law of any other state, the District of Columbia, the United States, or any of the territories of the United States.

b. The basis for defining these offenses as violent is that each offense meets at least one of the following criteria: 1. Has as an element, the use, attempted use, or threatened use of a deadly weapon or dangerous instrument or physical force against the person of another. 2. Involves a substantial risk of physical injury against the person of another. 3. Is a nonconsensual sex offense. 4. Is particularly reprehensible.

c. Any attempt, conspiracy, or solicitation to commit a violent offense shall be considered a violent offense for the purposes of this article.

d. Any criminal offense which meets the criteria provided in paragraph b. enacted after 2003. “ Ala. Code § 12-25-32 (1975)

The vast majority of the “violent offenses” provided in 12-25-32 (above) are felony offenses, not misdemeanor offenses. For example, If you were convicted of a misdemeanor Domestic Violence, 3 ^rd degree – Harassment, said misdemeanor is not listed as a “violent offense” under 12-25-32. Therefore, it is eligible to petition for an expungement under the new Alabama Expungement law. Feel free to contact our Alabama Expungement Law Office if you have specific questions about the eligibility of your case.

Misdemeanor Convictions of “sex offenses” are not eligible for Expungement in Alabama

Next, subsection (b)(5) of Section 15-27-1 in the new 2021 Alabama Expungement Law excludes

from eligibility convictions of misdemeanors or violations defined as a “sex offenses” in Alabama Code Section 15-20A-5 are not eligible for expungement. Feel free to review 15-20A-5, Code of Alabama from an internet search to review the specific “sex offense” convictions that are not eligible for an Alabama Expungement. If your misdemeanor conviction was not a sex related offense, continue down the list of factors for eligibility.

A Misdemeanor Conviction “involving moral turpitude” as provided in 17-3-30.1 is not eligible for Expungement in Alabama.

Next, subsection (b)(6) of Section 15-27-1 in the new 2021 Alabama Expungement Law convictions of misdemeanors or violations “involving moral turpitude as provided in Section 17-3-30.1.” are not eligible for expungement. The good news is essentially all the charges listed in 17-3-30.1 “involving moral turpitude” are not misdemeanors, they are felonies. Therefore, your misdemeanor conviction likely does not “involve moral turpitude” to make it ineligible. Below are the charges under Alabama law 17-3-30.1 that “involve moral turpitude”:

The following are crimes “involving moral turpitude” in Section 17-3-30.1:

“ (c) … (1) Murder as defined in the following sections: a. Subdivision (1) of subsection (a) of Section 13A-5-40. b. Subdivision (2) of subsection (a) of Section 13A-5-40. c. Subdivision (3) of subsection (a) of Section 13A-5-40. d. Subdivision (4) of subsection (a) of Section 13A-5-40. e. Subdivision (5) of subsection (a) of Section 13A-5-40. f. Subdivision (6) of subsection (a) of Section 13A-5-40. g. Subdivision (7) of subsection (a) of Section 13A-5-40. h. Subdivision (8) of subsection (a) of Section 13A-5-40. i. Subdivision (9) of subsection (a) of Section 13A-5-40. j. Subdivision (10) of subsection (a) of Section 13A-5-40. k. Subdivision (11) of subsection (a) of Section 13A-5-40. l. Subdivision (12) of subsection (a) of Section 13A-5-40. m. Subdivision (13) of subsection (a) of Section 13A-5-40. n. Subdivision (14) of subsection (a) of Section 13A-5-40. o. Subdivision (15) of subsection (a) of Section 13A-5-40. p. Subdivision (16) of subsection (a) of Section 13A-5-40. q. Subdivision (17) of subsection (a) of Section 13A-5-40. r. Subdivision (18) of subsection (a) of Section 13A-5-40. s. Subdivision (19) of subsection (a) of Section 13A-5-40. t. Section 13A-6-2.

(2) Manslaughter as defined in Section 13A-6-3.

(3) Assault as defined in Section 13A-6-20 [Assault, 1 ^st Degree], except for subdivision (5) of subsection (a)[Assault, 1 ^st Degree causing serious physical injury with a motor vehicle while intoxicated] of Section 13A-6-20, and Section 13A-6-21[Assault, 2 ^nd Degree].

(4) Kidnapping in the first degree as defined in Section 13A-6-43.

(5) Kidnapping in the second degree as defined in Section 13A-6-44.

(6) Rape as defined in Sections 13A-6-61[Rape, 1 ^st Degree] and 13A-6-62[Rape, 2 ^nd Degree].

(7) Sodomy as defined in Sections 13A-6-63 and 13A-6-64.

(8) Sexual torture as defined in Section 13A-6-65.1.

(9) Sexual abuse as defined in Sections 13A-6-66, 13A-6-67, and 13A-6-69.1.

(10) Enticing a child to enter a vehicle for immoral purposes as defined in Section 13A-6-69.

(11) Facilitating solicitation of unlawful sexual conduct with a child as defined in Section 13A-6-121.

(12) Electronic solicitation of a child as defined in Section 13A-6-122.

(13) Facilitating the on-line solicitation of a child as defined in Section 13A-6-123.

(14) Traveling to meet a child for an unlawful sex act as defined in Section 13A-6-124. (15) Facilitating the travel of a child for an unlawful sex act as defined in Section 13A-6-125.

(16) Human trafficking as defined in Sections 13A-6-152 and 13A-6-153.

(17) Terrorism as defined in Section 13A-10-152.

(18) Soliciting or providing support for an act of terrorism as defined in Section 13A-10-153.

(19) Hindering prosecution of terrorism as defined in Section 13A-10-154.

(20) Endangering the water supply as defined in Section 13A-10-171.

(21) Possession, manufacture, transport, or distribution of a destructive device or bacteriological or biological weapon as defined in Section 13A-10-193.

(22) Selling, furnishing, giving away, delivering, or distribution of a destructive device, a bacteriological weapon, or biological weapon to a person who is less than 21 years of age as defined in Section 13A-10-194.

(23) Possession, manufacture, transport, or distribution of a detonator, explosive, poison, or hoax device as defined in Section 13A-10-195.

(24) Possession or distribution of a hoax device represented as a destructive device or weapon as defined in subsection (c) of Section 13A-10-196.

(25) Attempt to commit an explosives or destructive device or bacteriological or biological weapons crime as defined in Section 13A-10-197.

(26) Conspiracy to commit an explosives or destructive device or bacteriological or biological weapons crime as defined in Section 13A-10-198.

(27) Hindrance or obstruction during detection, disarming, or destruction of a destructive device or weapon as defined in Section 13A-10-199.

(28) Possession or distribution of a destructive device or weapon intended to cause injury or destruction as defined in Section 13A-10-200.

(29) Treason as defined in Section 13A-11-2.

(30) Dissemination or public display of obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts as defined in Section 13A-12-191.

(31) Possession and possession with intent to disseminate obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts as defined in Section 13A-12-192.

(32) Parents or guardians permitting children to engage in production of obscene matter as defined in Section 13A-12-196.

(33) Production of obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts as defined in Section 13A-12-197.

(34) Distribution, possession with intent to distribute, production of obscene material, or offer or agreement to distribute or produce , as defined in Section 13A-12-200.2.

(35) Trafficking in cannabis, cocaine, or other illegal drugs or trafficking in amphetamine and methamphetamine as defined in Section 13A-12-231.

(36) Bigamy as defined in Section 13A-13-1.

(37) Incest as defined in Section 13A-13-3.

(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.

(42) Aggravated theft by deception as defined in Section 13A-8-2.1.

(43) Theft of property as defined in Sections 13A-8-3 and 13A-8-4.

(44) Theft of lost property as defined in Sections 13A-8-7 and 13A-8-8.

(45) Theft of trademarks or trade secrets as defined in Section 13A-8-10.4.

(46) Robbery as defined in Sections 13A-8-41, 13A-8-42, and 13A-8-43.

(47) Forgery as defined in Sections 13A-9-2 and 13A-9-3.

(48) Any crime as defined by the laws of the United States or by the laws of another state, territory, country, or other jurisdiction, which, if committed in this state, would constitute one of the offenses listed in this subsection.

Some Prior Felony Convictions that were reclassified to Misdemeanors under Alabama Act 2015-185 may now be eligible for Expungement

Further, for misdemeanor conviction eligibility, the subsection (b)(6) exclusion “… does not apply if the crime the person was convicted of was classified as a felony at the time of the conviction, but has been reclassified as a misdemeanor, pursuant to Act 2015-185, and the person has not been arrested for any offense, excluding minor traffic violations, 15 years prior to the filing of the petition for expungement.” Section 15-27-1(b)(6). Specifically, under Act 2015-185, SB67, the following crimes that were previously felonies in Alabama and were reclassified as misdemeanors include the following:

Section 13A-8-5 Theft of property in the fourth degree. Class A Misdemeanor

Section 13A-8-9 Theft of lost property in the fourth degree. Class A Misdemeanor

Section 13A-8-10.3 Theft of services in the fourth degree. Class A Misdemeanor

Section 13A-8-19 Receiving stolen property in the fourth degree. Class A Misdemeanor

Section 13A-9-4 Forgery in the fourth degree. Class A Misdemeanor

Section 13A-9-7 Criminal possession of forged instrument in the fourth degree. Class A Misdemeanor

Prior to Act 2015-185, the above charges were classified as “Third Degree” Class C Felony charges. Therefore if prior to Act 2015-185 becoming law you were charged and convicted of any of the above crimes in the “Third Degree” as a felony, that crime has been reclassified as a misdemeanor and may be eligible to petition for an expungement under the 2021 Alabama Expungement Law, if the other criterion of this statute is met.

Convictions of “Serious Traffic Offenses” are not eligible for an Expungement in Alabama

Next, subsection (b)(7) of Section 15-27-1 in the new 2021 Alabama Expungement Law convictions of misdemeanors or violations classified as “serious traffic offense”, as provided in Article 9 of Chapter 5A of Title 32 of the Code of Alabama are not eligible for expungement. The following are “serious traffic offenses” as defined under Alabama law:

Section 32-5A-190 – Reckless driving

Section 32-5A-190.1 – Homicide by vehicle

Section 32-5A-191 – Driving while under influence [DUI] of alcohol, controlled substances, etc.

Therefore, DUI, Reckless Driving, and Homicide by Vehicle convictions in Alabama are not eligible for expungement under the expanded Alabama Expungement law. Misdemeanor Convictions Expungement in Alabama may include the following common convictions, among others: Possession of Marijuana, 2nd degree, some Domestic Violence, 3rd degree convictions, Public Intoxication, Reckless Endangerment, Attempting to Allude Law Enforcement, Possession of Drug Paraphernalia,

However, keep in mind in this blog post we are only detailing what misdemeanor / violation convictions are eligible for expungement. If you previously had any misdemeanor charge that resulted in some form of a non-conviction (dismissed, nolle prossed, found not guilty, etc.) that charge and arrest record can be eligible for expungement no matter the charge.

Our Alabama Expungement Law Office has been representing clients in the Petition for Expungement Process in Alabama since Alabama’s first expungement law was passed in 2014. Alabama Expungement Lawyer, Jordan M. Copeland is experienced in preparing strong petitions for expungement custom to each client highlighting the positive details with the grounds for and reasons why each client’s petition for expungement should be granted by the Court. We have an excellent reputation as an experienced Alabama Expungement Law Office with 5 Star Google and AVVO Rankings by former clients.

Alabama Expungement Lawyer, Jordan Copeland has an excellent reputation of representing career focused people, pursuing petitions for expungement in Alabama, to help achieve their career goals with a clear background report to the extent of the Alabama Expungement Law. Many of our former clients are licensed legal, medical, real estate, finance, accounting, and other professionals.

If you have a prior misdemeanor conviction in Alabama that your believe may be eligible for an expungement, feel free to call or email our law office to discuss your case further. If we determine your case is eligible, we will give you a flat fee attorney’s fee quote in writing before representation begins. A strong principle of our Alabama Expungement Law Office is client communication is key. We will keep you updated with your case every step of the way, via email, phone, text, and/or U.S. Mail. Feel free to email us at: Jordan@ExpungementAlabamaLawyer.com or call our law office at: (256) 378-6087 or (205) 924-3839.

“Do not let your past arrest handcuff your future career.” — Jordan M. Copeland, Alabama Expungement Lawyer

The post Misdemeanor Convictions Expungement in Alabama appeared first on Expungement Alabama Lawyer .

New 2021 Alabama Expungement Law – Felony Charges

Fri, 18 Jun 2021 17:01:00 GMT

New 2021 Alabama Expungement Law

The Alabama Legislature has recently passed a new Alabama Expungement Law for 2021. Governor Ivey signed the Bill (SB117) into law on April 25, 2021. Per the Bill, the law will become effective in Alabama on the first day of the third month after the Governor’s signature. The new Alabama Expungement Law for 2021 is referred to as the “Record Expungement Designed to Enhance Employment and Eliminate Recidivism (REDEEMER) Act. It is an expansion of the prior Alabama Expungement law.

2021 Alabama Expungement Law Expansion for Felony Charges and Certain Felony Convictions

In this blog post our Alabama Expungement Lawyer, Jordan M. Copeland will breakdown the sections of the expanded, 2021 Alabama Expungement Law that specifically relate to felony cases . We will detail which Alabama felony charges and convictions may now be eligible to petition for an expungement in the Circuit Courts of Alabama. We will also provide you with qualification and procedural changes in the new Alabama Expungement Law for 2021. (If your prior case was an Alabama Misdemeanor Charge or Conviction, see our future blog post discussing in detail the Misdemeanor Eligibility Requirements under the New 2021 Alabama Expungement law.)

First, felony case eligibility for expungement was expanded in Section 15-27-2 of the Code of Alabama with the 2021 Alabama Expungement Law. Subsection (a) which provides that any felony offense that resulted in a non-conviction may now be eligible for expungement (if other criteria of the expungement law is met). This is a substantial expansion from the prior Alabama Expungement law. Under the prior law, the only instance where a “violent” (per statutory definition) felony charge was eligible for expungement were cases where there was a finding of “not guilty” (meaning the case had to go to trial and a bench or jury verdict of “not guilty” was rendered).

All Felony Non-Convictions in Alabama May Now be Eligible for Expungement

Now, under the 2021 Alabama Expungement Law, Section 15-27-2(a) essentially provides that any form of a non-conviction may make a violent or non-violent felony charge eligible for expungement. See: Section 15-27-2(a):

“A person who has been charged with any felony offense may file a petition in the criminal division of the circuit court in the county in which the charges were filed, to expunge records relating to the charge in any of the following circumstances:

“(1) When the charge is dismissed with prejudice and more than 90 days have passed.

“(2) When the charge has been no billed by a grand jury and more than 90 days have passed.

“(3) When the person has been found not guilty of the charge and more than 90 days have passed. “(4) When the charge has been nolle prossed without conditions, and more than 90 days have passed, and the charge or charges have not been refiled.

“(5) When the indictment has been quashed and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled.

“(6) a. When the charge was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran’s court, or any court-approved deferred prosecution program.

“b. Expungement may be a court-ordered condition of a program listed in paragraph a.

“c. A petition for expungement may be filed one year from the date of the successful completion of a program listed in paragraph a.

“(7) When the charge was dismissed without prejudice more than five years ago, has not been refiled, and the person has 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. “(8) When the person proves by a preponderance of the evidence that the person is a victim of human trafficking, that the person committed the felony offense during the period the person was being trafficked, and that the person would not have committed the felony offense but for being trafficked. Evidence that a person is a victim of human trafficking may include, but is not limited to, evidence that the person’s trafficker was convicted of trafficking the person under Section 13A-6-152 or Section 13A-6-153.” (emphasis added in bold).

Therefore, under the 2021 Alabama Expungement Law if you have had a prior felony charge (any felony charge) that resulted in some form of a non-conviction as listed above, that charge would now be eligible to retain our law firm to petition for an expungement with the Circuit Court (when the applicable time periods stated above have passed). Our law firm has met with and spoken to many potential clients over the years that were previously not eligible to petition to expunge their prior violent felony charge because it was dismissed, nolle prossed, or no billed. Now those cases are eligible under the 2021 Alabama Expungement law.

Certain Felony Convictions in Alabama that Meet Seven Factors May Now be Eligible for Expungement

Next, another substantial expansion of eligible cases in the 2021 Alabama Expungement law includes some types of felony convictions that have been fully pardoned by the Alabama Bureau (aka Board) of Pardons & Paroles (“ABPP”). See the relevant portion of the new law below:

“(c) A person who has been convicted of a felony offense may file a petition in the criminal division of the circuit court in the county in which the charges were filed to expunge records relating to the charge and the conviction if all of the following occur:

“(1) The person has been granted a certificate of pardon with restoration of civil and political rights for the conviction from the Board of Pardons and Paroles.

“(2) All civil and political rights that were forfeited as a result of the conviction have been restored. “

(3) One hundred eighty [180] days have passed from the date of the issuance of the certification of pardon.

“(4) Except as provided in subsection (b), the conviction is not a violent offense, as provided in Section 12-25-32.20

“(5) The conviction is not a sex offense, as provided in Section 15-20A-5.

“(6) The conviction is not an offense involving moral turpitude, as provided in Section 17-3-30.1. This subdivision does not apply if the crime the person was convicted of was classified as a felony at the time of the conviction, but has been reclassified as a misdemeanor, pursuant to Act 2015-185, and the person has not been arrested for any offense, excluding minor traffic violations, 15 years prior to the filing of the petition for expungement.

“(7) The conviction is not a serious traffic offense, as provided in Article 9 of Chapter 5A of Title 32.” Section 15-27-2(c), Code of Alabama.

There is a lot to “unpack” in the above section. Our law firm has done the research and cross-referenced the other statutory sections that are referenced in the above section relative to eligible felony convictions. Let’s look at the felony convictions that are now eligible for expungement in Alabama in more detail. First, you must meet all seven (7) requirements above for a felony conviction to be eligible for expungement.

Some Alabama Felony Convictions that were Fully Pardoned by the ABPP May Now Be Eligible for Expungement

Factors 1 and 2 under Section 15-27-2(c), Code of Alabama as quoted above provide that you must first receive a full, unrestricted pardon with restoration of ALL political and civil rights from the ABPP. These rights include the right to vote, right to own/possession a firearm/ammunition, right to hold public office, and right to sit on a jury. If the ABPP has only granted you a “limited pardon” i.e., a pardon with a restriction on the restoration of your firearm rights, then you will need to first reapply after two years for another full pardon with the ABPP. Factor 3 under Section 15-27-2(c), Code of Alabama as quoted above provides that One Hundred Eighty (180) days must have passed from the issuance of your Certificate of Full Pardon.

Violent Felony Convictions in Alabama that were Fully Pardoned are Not Eligible for Expungement

Factor 4, under Section 15-27-2(c), Code of Alabama, as quoted above, provides that your felony conviction must not be a “violent offense”, as provided in Section 12-25-32. The list of “violent offenses” according to Alabama Code Section 12-25-32 are the following:

1. Capital murder pursuant to Sections 13A-6-2 and 13A-5-40.

2. Murder pursuant to Section 13A-6-2.

3. Manslaughter pursuant to Section 13A-6-3.

4. Criminally negligent homicide pursuant to Section 13A-6-4.

5. Assault I pursuant to Section 13A-6-20.

6. Assault II pursuant to Section 13A-6-21.

7. Compelling street gang membership pursuant to Section 13A-6-26.

8. Kidnapping I pursuant to Section 13A-6-43.

9. Kidnapping II pursuant to Section 13A-6-44.

10. Rape I pursuant to Section 13A-6-61.

11. Rape II pursuant to Section 13A-6-62.

12. Sodomy I pursuant to Section 13A-6-63.

13. Sodomy II pursuant to Section 13A-6-64.

14. Sexual torture pursuant to Section 13A-6-65.l.

15. Sexual abuse I pursuant to Section 13A-6-66.

16. Enticing a child to enter a vehicle for immoral purposes pursuant to Section 13A-6-69.

17. Stalking pursuant to Section 13A-6-90.

18. Aggravated stalking pursuant to Section 13A-6-91.

19. Soliciting a child by computer pursuant to Section 13A-6-110.

20. Domestic violence I pursuant to Section 13A-6-130.

21. Domestic violence II pursuant to Section 13A-6-131.

22. Burglary I pursuant to Section 13A-7-5.

23. Burglary II pursuant to Section 13A-7-6.

24. Burglary III pursuant to subdivision (1) or subdivision (2) of subsection (a) of Section 13A-7-7.

25. Arson I pursuant to Section 13A-7-41.

26. Criminal possession of explosives pursuant to Section 13A-7-44.

27. Extortion I pursuant to Section 13A-8-14.

28. Robbery I pursuant to Section 13A-8-41.

29. Robbery II pursuant to Section 13A-8-42.

30. Robbery III pursuant to Section 13A-8-43.

31. Pharmacy robbery pursuant to Section 13A-8-51.

32. Terrorist threats pursuant to Section 13A-10-15.

33. Escape I pursuant to Section 13A-10-31.

34. Promoting prison contraband I pursuant to Section 13A-10-36, involving a deadly weapon or dangerous instrument.

35. Intimidating a witness pursuant to Section 13A-10-123.

36. Intimidating a juror pursuant to Section 13A-10-127.

37. Treason pursuant to Section 13A-11-2.

38. Discharging a weapon into an occupied building, dwelling, automobile, etc., pursuant to Section 13A-11-61.

39. Promoting prostitution I pursuant to Section 13A-12-111.

40. Production of obscene matter involving a minor pursuant to Section 13A-12-197.

41. Trafficking pursuant to Section 13A-12-231.

42. Child abuse pursuant to Section 26-15-3.

43. Elder abuse pursuant to Section 38-9-7.

44. Terrorism pursuant to Section 13A-10-152.

45. Hindering prosecution for terrorism pursuant to Section 13A-10-154.

46. Domestic violence III pursuant to subsection (d) of Section 13A-6-132.

47. Domestic violence by strangulation or suffocation pursuant to Section 13A-6-138.

48. Human trafficking I pursuant to Section 13A-6-152.

49. Human trafficking II pursuant to Section 13A-6-153.

50. Hindering prosecution in the first degree pursuant to Section 13A-10-43.

c. Any attempt, conspiracy, or solicitation to commit a violent offense shall be considered a violent offense for the purposes of this article.

d. Any criminal offense which meets the criteria provided in paragraph b. enacted after 2003. “

Ala. Code § 12-25-32 (1975)

Again, if your prior criminal charge in Alabama was a conviction and it is on the list above, then it is not eligible for expungement (even if it has been fully pardoned). (Except under subsection (b) there is a very limited exception for certain violent crimes committed by victims of human trafficking while being trafficked and proven by a preponderance of the evidence in court).

Felony Sex Offense Convictions that were Fully Pardoned in Alabama are NOT Eligible for Expungement

Number 5, (still under the seven eligibility requirements for a felony conviction to be eligible for expungement), the felony conviction may not be a “sex offense” in Alabama Code Section 15-20A-5 are not eligible for expungement. These charges include:

“(1) Rape in the first degree, as provided by Section 13A-6-61.

(2) Rape in the second degree, as provided by Section 13A-6-62. A juvenile sex offender adjudicated delinquent of a violation of rape in the second degree is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.

(3) Sodomy in the first degree, as provided by Section 13A-6-63.

(4) Sodomy in the second degree, as provided by Section 13A-6-64. A juvenile sex offender adjudicated delinquent of a violation of sodomy in the second degree is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.

(5) Sexual misconduct, as provided by Section 13A-6-65, provided that on a first conviction or adjudication the sex offender is only subject to registration and verification pursuant to this chapter. On a second or subsequent conviction or adjudication of a sex offense, if the second or subsequent conviction or adjudication does not arise out of the same set of facts and circumstances as the first conviction or adjudication of a sex offense, the sex offender shall comply with all requirements of this chapter. A juvenile sex offender adjudicated delinquent of a violation of sexual misconduct is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.

(6) Sexual torture, as provided by Section 13A-6-65.1.

(7) Sexual abuse in the first degree, as provided by Section 13A-6-66.

(8) Sexual abuse in the second degree, as provided by Section 13A-6-67.

(9) Indecent exposure, as provided by Section 13A-6-68, provided that on a first conviction or adjudication of a sex offense, the sex offender is only subject to registration and verification pursuant to this chapter. On a second or subsequent conviction or adjudication of a sex offense, if the second or subsequent conviction or adjudication does not arise out of the same set of facts and circumstances as the first conviction or adjudication, the sex offender shall comply with all requirements of this chapter. A juvenile sex offender adjudicated of a violation of indecent exposure is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.

(10) Enticing a child to enter a vehicle, room, house, office, or other place for immoral purposes, as provided by Section 13A-6-69.

(11) Sexual abuse of a child less than 12 years old, as provided by Section 13A-6-69.1.

(12) Promoting prostitution in the first degree, as provided by Section 13A-12-111.

(13) Promoting prostitution in the second degree, as provided by Section 13A-12-112.

(14) Violation of the Alabama Child Pornography Act, as provided by Section 13A-12-191, 13A-12-192, 13A-12-196, or 13A-12-197. A juvenile sex offender adjudicated delinquent of a violation of the Alabama Child Pornography Act is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.

(15) Unlawful imprisonment in the first degree, as provided by Section 13A-6-41, if the victim of the offense is a minor, and the record of adjudication or conviction reflects the intent of the unlawful imprisonment was to abuse the minor sexually.

(16) Unlawful imprisonment in the second degree, as provided by Section 13A-6-42, if the victim of the offense is a minor, and the record of adjudication or conviction reflects the intent of the unlawful imprisonment was to abuse the minor sexually.

(17) Kidnapping in the first degree, as provided by subdivision (4) of subsection (a) of Section 13A-6-43, if the intent of the abduction is to violate or abuse the victim sexually.

(18) Kidnapping of a minor, except by a parent, guardian, or custodian, as provided by Section 13A-6-43 or 13A-6-44.

(19) Incest, as provided by Section 13A-13-3.

(20) Transmitting obscene material to a child by computer, as provided by Section 13A-6-111.

(21) School employee engaging in a sex act or deviant sexual intercourse with a student, or having sexual contact or soliciting a sex act or sexual contact with a student, as provided by Sections 13A-6-81 and 13A-6-82.

(22) Foster parent engaging in a sex act, having sexual contact, or soliciting a sex act or sexual contact with a foster child, as provided by Section 13A-6-71.

(23) Facilitating solicitation of unlawful sexual conduct with a child, as provided by Section 13A-6-121.

(24) Electronic solicitation of a child, as provided by Section 13A-6-122.

(25) Facilitating the on-line solicitation of a child, as provided by Section 13A-6-123.

(26) Traveling to meet a child for an unlawful sex act, as provided by Section 13A-6-124.

(27) Facilitating the travel of a child for an unlawful sex act, as provided by Section 13A-6-125.

(28) Human trafficking in the first degree, as provided by Section 13A-6-152, provided that the offense involves sexual servitude.

(29) Human trafficking in the second degree, as provided by Section 13A-6-153, provided that the offense involves sexual servitude.

(30) Custodial sexual misconduct, as provided by Section 14-11-31.

(31) Sexual extortion, as provided by Section 13A-6-241.

(32) Directing a child to engage in a sex act, as provided in Section 13A-6-243.

(33) Any offense which is the same as or equivalent to any offense set forth above as the same existed and was defined under the laws of this state existing at the time of such conviction, specifically including, but not limited to, crime against nature, as provided by Section 13-1-110; rape, as provided by Sections 13-1-130 and 13-1-131; carnal knowledge of a woman or girl, as provided by Sections 13-1-132 through 13-1-135, or attempting to do so, as provided by Section 13-1-136; indecent molestation of children, as defined and provided by Section 13-1-113; indecent exposure, as provided by Section 13-1-111; incest, as provided by Section 13-8-3; offenses relative to obscene prints and literature, as provided by Sections 13-7-160 through 13-7-175, inclusive; employing, harboring, procuring or using a girl over 10 and under 18 years of age for the purpose of prostitution or sexual intercourse, as provided by Section 13-7-1; seduction, as defined and provided by Section 13-1-112; a male person peeping into a room occupied by a female, as provided by Section 13-6-6; assault with intent to ravish, as provided by Section 13-1-46; and soliciting a child by computer, as provided by Section 13A-6-110.

(34) Any solicitation, attempt, or conspiracy to commit any of the offenses listed in subdivisions (1) to (33), inclusive.

(35) Any crime committed in Alabama or any other state, the District of Columbia, any United States territory, or a federal, military, Indian, or foreign country jurisdiction which, if it had been committed in this state under the current provisions of law, would constitute an offense listed in subdivisions (1) to (34), inclusive.

(36) Any offense specified by Title I of the federal Adam Walsh Child Protection and Safety Act of 2006 (Pub. L. 109-248, the Sex Offender Registration and Notification Act (SORNA)).

(37) Any crime committed in another state, the District of Columbia, any United States territory, or a federal, military, Indian, or foreign country jurisdiction if that jurisdiction also requires that anyone convicted of that crime register as a sex offender in that jurisdiction.

(38) Any offender determined in any jurisdiction to be a sex offender shall be considered a sex offender in this state.

(39) The foregoing notwithstanding, any crime committed in any jurisdiction which irrespective of the specific description or statutory elements thereof, is in any way characterized or known as rape, carnal knowledge, sodomy, sexual assault, sexual battery, criminal sexual conduct, criminal sexual contact, sexual abuse, continuous sexual abuse, sexual torture, solicitation of a child, enticing or luring a child, child pornography, lewd and lascivious conduct, taking indecent liberties with a child, molestation of a child, criminal sexual misconduct, video voyeurism, or there has been a finding of sexual motivation.

(40) Any crime not listed in this section wherein the underlying felony is an element of the offense and listed in subdivisions (1) to (39), inclusive.

(41) Any other offense not provided for in this section wherein there is a finding of sexual motivation as provided by Section 15-20A-6.” Ala. Code § 15-20A-5 (1975)

Again, the above list consists of “sex offenses” under Alabama law and convictions of these offenses are not eligible for expungement under the new 2021 Alabama Expungement law (even if you have been fully pardoned).

Alabama Felony Convictions for Crimes “Involving Moral Turpitude in Section 17-3-30.1” that have been Fully Pardoned are NOT Eligible for Expungement

Next, Number 6, convictions of felonies “involving moral turpitude as provided in

Section 17-3-30.1.” are not eligible for expungement. The following are the crimes “involving moral turpitude” in Section 17-3-30.1: