Can I request an expungement if I’ve been charged with a crime I shouldn’t have ever been charged with?

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Can I request an expungement if I’ve been charged with a crime I shouldn’t have ever been charged with?

Can I request the courts to expunge an
arrest and charge from my record if I
can prove that due to an oversight on
their part I shouldn’t have ever been
charged with a crime?

Asked on January 20, 2019 under Criminal Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

In your state, you can expunge a charge if it was a non-felony and also one of the following applies as well:
1) It was dismissed with prejudice;
2) The grand jury returned a "no bill";
3) You were found not guilty; or 
4) The charge was dismissed without prejudice more than two years ago and has not since been refiled, and you've not committed any crimes during the past two years.
Also, non-violent felonies can be expunged under the same circumstances as above (though #4 requirees five years, not two) or
5) The charge was dismissed after you completed some court-ordered diversion program, and a year has passed since the dismissal with no other crimes.
If you believe you meet one of the criteria above, you can seek expungement. Here is a link you may find helpful: https://www.alea.gov/online-services/criminal-record-expungement


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