You may now be eligible to petition to have your criminal record from a non-conviction of a Domestic Violence misdemeanor expunged (cleared) in Alabama.
We represent in-state and out-of-state clients seeking to expunge their Alabama arrest record from a Domestic Violence misdemeanor that resulted in a non-conviction. Many people are unaware that you can be charge with “Domestic Violence-Harassment, 3rd Degree” in Alabama with no allegation of physical contact.
Under Alabama law: “ … A person commits domestic violence in the third degree if the person commits the crime of … harassment pursuant to subsection (a) of Section 13A-11-8 [with intent to harass, annoy, or alarm another person, he or she … b. Directs abusive or obscene language or makes an obscene gesture towards another person. … For purposes of this section, harassment shall include a threat, verbal or nonverbal, made with the intent to carry out the threat, that would cause a reasonable person who is the target of the threat to fear for his or her safety.] … and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the third degree is a Class A misdemeanor. …” Citing portions of Section 13A-6-132 (Ala.Code).
Domestic Violence misdemeanor cases can be charged in a Municipal Court in Alabama if the alleged incident happened in the police jurisdiction of the municipality and the city police is the arresting agency. District Courts of the counties in Alabama have jurisdiction to prosecute Domestic Violence cases that are alleged to have occurred in a county’s Sheriff jurisdiction and the arresting agency may be a Sheriff’s Deputy or a State Trooper.
If you are reading this blog post and you are currently charged with a Domestic Violence misdemeanor in Alabama it is important to know your rights and hire a criminal defense lawyer to represent you as soon as possible. Remember: ONLY non-convictions (dismissals, findings of not-guilty “acquittals”, nolle prose, no-bill), NOT convictions (plea of guilty, finding of guilt by a jury or bench trial) of Domestic Violence misdemeanors (not felonies) are currently eligible to be considered for expungement of the arrest record in Alabama (if other certain factors are met).
One major right most people are unaware that you will LOSE if you are found guilty or plea guilty to a Domestic Violence misdemeanor is the right to legally purchase and possess a firearm under Federal Law. This right is expressed to you on the Alabama misdemeanor Plea of Guilty Form C-44B (back), in part: “If you are convicted of a misdemeanor crime of domestic violence, which has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, against your current or former spouse; your child of whom you are a parent or guardian; a person with whom you share a child in common; a spouse, parent, or guardian with whom you are, or have been, cohabiting or to whom you are similarly situated, and you ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition, or if you receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce, YOU ARE SUBJECT TO BEING PROSECUTED IN FEDERAL COURT FOR VIOLATING 18 U.S.C. 922(g)(9)”.
If you have been found guilty or plead guilty to a Domestic Violence misdemeanor in Alabama, the way to restore your gun rights under Federal Law is to obtain a Full Pardon. We represent clients in the Pardon Application and Hearing process in Alabama. A Full Pardon can restore certain rights and is essentially an official “forgiveness” of the conviction.
If you were charged with a Domestic Violence misdemeanor in Alabama and your case was dismissed or resulted in a non-conviction, and other specific factors are met, you may be eligible for us to represent you to Petition for an Expungement with the proper court in Alabama. In Alabama an expungement is a clearing of an arrest record to the extent of the Alabama Expungement statute.
If you have any questions regarding representation related to a Domestic Violence misdemeanor charge, conviction or non-conviction – contact Alabama Expungement and Pardon Attorney, Jordan M. Copeland by phone at: (205) 924-3839 or (256) 378-6087, email: firstname.lastname@example.org or visit our website at: www.ExpungementAlabamaLawyer.com