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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27051
Experience:  Active member of the NYS bar since 1989
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I went background check and it came back with a record.

Customer Question

I went for a background check and it came back with a record. When I tried to contact the people in Alabama for answers they could not find anything because of a flood. My quieston is How can I get this explounged from my record?
Submitted: 2 years ago via Cornell Legal Info Institute.
Category: Legal
Expert:  Zoey, JD replied 2 years ago.
My name is ***** ***** I will be assisting you with your question.
Unfortunately, Alabama's expungement law does not apply to convictions. It applies to dismissals or to cases which were dropped or to arrests which were never prosecuted. So if you were convicted of a crime, you would not be eligible for an expungement. You would, however, be eligible to receive a pardon, though a pardon is a long shot. You can read more about it here.
A pardon will not erase your conviction, but it will show on your record as having been pardoned, which should help you on the employment or housing front. It is tough to get, but once acquired it is proof that the state's highest political official believes that you are fully rehabilitated. No lawyer is necessary to apply for a pardon.
One other possibility is also a long shot, and it can be expensive. You would have to retain a lawyer to have him reopen your old case and petition for the judge to reduce it or to dismiss it in the interest of justice.
Judges have the power to do this under their powers of equity, even if the law won't specifically provide for it. They are very cautious and sparing in their use of this power, and some will refuse to entertain a petition on these grounds at all. But others will do it to prevent an injustice.
You would need to talk to a lawyer about bringing the petition. He will have to draft it essentially showing why the law under which you were convicted should now be ignored. You can expect the prosecutor to oppose it, as well as the victim, if there was one. So you might want to get some free or low cost consultations to get a sense of how likely this is to work in your jurisdiction before you pay a couple of thousand dollars to a lawyer to try to get this done.
If you can get this dismissed, however, you then should be able to get it expunged.