Alabama Expungement Law Promises to Clear some Nonviolent Convictions

One of the most common reasons why many people find it hard to get jobs is because of criminal records. Though ex-convicts are hired nowadays, provided they have displayed a change of behaviour, many people are still a bit cautious of people, who have past criminal records, albeit how minor those offenses were. But, people of Alabama having minor crimes committed long ago would soon be eligible to have convictions wiped from their records. Governor Kay Ivey signed the Redeemer Act, which permits people with some nonviolent convictions to apply for clemency or expunction. The law is expected to be brought about into action by July 2021.

An expungement is an annulment of criminal records. In simplified language, it means that the crime is declared as never to have really happened. All official records and details of it are removed from the database. An expungement law was adopted by Alabama in 2014, which did away with many misdemeanor charges and arrests. But the convictions weren’t eligible for expungement then. The new law annuls minor crimes and arrest charges, traffic violence allegations, etc most of which were not really harmful to others.

Eligible people would have to complete probation requirements, pay their fines and fees and wait three years.As per the rules set by Governor Ivey, people punished for nonviolent felony crimes may be lucky enough to have crimes expunged if they receive a pardon and wait for half a year. However, just because someone apparently qualifies for expungement, does not necessarily mean that their convictions would be wiped away because the applications are processed manually. The filing fee for the expungement application form is at $500.

Once the ex-convict files for the annulment, the case is brought before a judge in the county in which they committed the felony or offence. However a single person can get expungement for around two minor offences and one felony. “It gives people a fresh start, a second chance,” remarked Sen. Linda Coleman-Madison, D-Birmingham, who sponsored the legislation. She added that the law can help thousands of people in Alabama live happier lives after getting a second chance at a lawful life. More Alabamians are jailed for possession of a controlled substance like drugs as against any other felony. Hence, around twenty thousand people were accused of this felony in 2014-2019 alone.

Ron Smith, a criminal defense attorney in Huntsville, has applauded the law describing how it could help thousands “ find jobs or earn scholarships”. The law is also aimed to aid those wrongfully accused or arrested for violent felonies. A Bessemer man spent two years in prison in 2019 on charges of multiple felonies, only for DNA evidence to prove later that he was wrongfully accused. The man was arrested for violent felony, but this law will provide expungement to more such people, who were wrongfully accused. “A lot of employers just pass over people who have any kind of criminal record without even giving them a chance to explain their case or prove they were innocent,” lawyer Smith said, further detailing the actions of the new law. Overall, we are expecting great results from the new law brought about by Governor Ivey.