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Alabama’s 2021 Law Now Allows Criminal Convictions to be Expunged

The Alabama legislature, in a 2021 legislative session, passed into law an act that will allow many criminal convictions to be expunged. When criminal arrests and now convictions are “expunged” the result is supposed to remove these sensitive records from public access. This new law which went into effect August 1, 2021, even includes many felony convictions. This means that felony convictions that did not include a violent crime can be removed from access by most everyone.

The expungement law, which can be found via the internet I located in Section 15-27-1 et seq. of the Code of Alabama, 1975. There is a partial list of violent crimes that cannot be expunged found in Section 12-25-32(15) of the Alabama Code.

In felony conviction expungements, one must first obtain a pardon from the State of Alabama. We do not know how this will play out since according to sources, only 20 pardons were issued in the whole year of 2020!

Unfortunately, DUI convictions were excluded from this new expungement law, so that a DUI conviction, whether it was a felony or misdemeanor, cannot be expunged. DUI cases there were resolved in the citizen’s favor, however CAN be expunged.

Anyone seeking to obtain an expungement, whether convicted or not, should consult a lawyer who does this type of work.

Phillip B. Price

Price Law Firm, P. C.

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Phil Price

Phillip B. Price, Sr. has been representing citizens charged with DUI in Alabama for over thirty years. He is the only attorney in North Alabama who is Board Certified as a DUI Specialist. He has represented more people accused of the offense of DUI than any other lawyer in North Alabama. His success rate is astonishing. He is only the eighth person in the entire country to be awarded the prestigious Erwin-Taylor Award by the National College for DUI Defense (NCDD), the nation’s premier organization for DUI Defense attorneys. The award, which is the highest honor granted in the field of DUI Defense, was given to Mr. Price at the NCDD’s summer forum at the Harvard Law School in Cambridge, Massachusetts in 2012. He is a Founding Fellow of the NCDD. He served as Dean of the NCDD in 1997-98. He was the third attorney in the United States to become a Fellow of the NCDD. Mr. Price has been an invited lecturer in over 25 states, teaching other lawyers in various aspects of DUI Defense. He also instructs law enforcement officers how to perform better in their jobs of DUI enforcement. Mr. Price practiced law for many years with the late Macon L. Weaver, former U.S. Attorney for the Northern District of Alabama. Mr. Price served as president of the Alabama Criminal Defense Lawyers in 1992-93. Mr. Price is the author of the Alabama DUI Handbook (published by West®, a Thomson Reuters business) and has published many articles dealing with most aspects of DUI cases, including the subject of breath tests, field sobriety tests, jury selection and cross-examination. He is well known for his knowledge dealing with various breath testing instruments, including the Drager Alcotest MK III, Intoxilyzer Model 5000, and Alco Sensor IV. He owns each of these devices. He has taught courses on the operation of evidential breath test devices. In 1994, in a landmark decision, he persuaded the Alabama Supreme Court to throw out the Alabama breath test program. Even the definition of DUI as a crime in Alabama comes from a case he handled in the Alabama Supreme Court in 1989. He has been selected by his peers for Best Lawyers® and Super Lawyers®. He has been received an AV rating by Martindale-Hubbell®, the highest peer review rating in legal ability and ethical standards. He has received a “superb” rating from Avvo™.

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