Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.
All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.
Title: Alabama Motion for New Trial for Purpose of Expunging Criminal Record — An In-depth Overview + Types Introduction: An Alabama Motion for New Trial for the Purpose of Expunging a Criminal Record is a legal process that allows individuals to request a new trial or seek the expungement of their criminal records. This article provides a detailed description of how this motion works, its purpose, and the different types of motions available in Alabama. 1. Overview of Alabama Motion for New Trial: The Alabama Motion for New Trial, also referred to as "Motion for a New Trial and/or Expungement," is a request made to the court after an individual has been convicted of a criminal offense. This motion aims to challenge the conviction or sentence received and may also address the expungement of the criminal record. 2. Purpose of the Motion: The primary purpose of an Alabama Motion for New Trial for the Purpose of Expunging a Criminal Record is to offer individuals a chance to have their case reviewed by the court again. They can present new evidence, challenge legal errors, or request the expungement of their criminal record, ultimately seeking relief from the negative consequences associated with a conviction. 3. Different Types of Alabama Motion for New Trial for Purpose of Expunging Criminal Record: a) Motion for New Trial: This type of motion primarily focuses on seeking a new trial. Individuals may argue that new evidence has come to light, improper legal procedures were followed during the trial, or important information was not considered, thus necessitating a retrial. b) Motion for Expungement: This motion focuses primarily on expunging a criminal record. It seeks to remove or erase the conviction from an individual's record. Various factors such as the type of offense, time passed since the conviction, and the individual's behavior may be considered by the court before granting this motion. c) Combined Motion: In some cases, individuals may choose to file a combined motion, combining elements of both a Motion for New Trial and a Motion for Expungement. This allows them to address both the need for a new trial and the expungement of their criminal record simultaneously. 4. Eligibility and Filing Requirements: To file an Alabama Motion for New Trial for the Purpose of Expunging a Criminal Record, individuals must meet specific eligibility criteria set by Alabama law. Eligibility often depends on factors such as the nature of the offense, the completion of the sentence, and the time passed since the conviction. Furthermore, individuals need to submit a formal written motion to the court, describing their grounds for a new trial or expungement, supported by relevant legal arguments and evidence. Conclusion: The Alabama Motion for New Trial for the Purpose of Expunging a Criminal Record offers individuals an opportunity to challenge their convictions or request the expungement of their criminal records. Understanding the different types of motions available and meeting the eligibility criteria is crucial for a successful outcome. If you believe you meet the requirements, consult with an experienced attorney to guide you through the legal process and increase your chances of a positive result.
