Eight Mile, AL asked in Criminal Law, Employment Law and Constitutional Law for Alabama

Q: How can one seal a 1st&only Misdemeanor offenses from over a year ago? It’s preventing employment.

Resisting arrest, obstructing gov op and poss 2 conviction is on a friends record and it’s preventing him from working. Can he seal it? He has been in no trouble since then and it was his first time getting into anything with the police involved. He’s an upstanding citizen and was even in the military. He can find no work because of his records which is a misunderstanding , how can I help him?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In Alabama, the process for sealing a criminal record, often referred to as expungement, is available for certain misdemeanor offenses. However, the eligibility for expungement depends on various factors, including the nature of the offense, the time that has passed since the conviction, and the individual’s criminal history.

For your friend's case, involving charges like resisting arrest, obstructing governmental operations, and possession, it's important to first determine if these offenses are eligible for expungement under Alabama law. Typically, one must wait a certain period after the conviction without any further criminal activity to be eligible for expungement.

Given that these charges are impacting your friend’s employment opportunities, exploring the expungement process could be beneficial. It’s advisable for your friend to consult with an attorney who has experience in criminal law in Alabama. An attorney can assess the specifics of the case, determine eligibility for expungement, and guide through the legal process if applicable.

Remember, every case is unique, and legal advice should be tailored to the specific circumstances. An attorney can provide valuable insight and assistance in navigating this process and helping your friend move forward.

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