Expungement Process For Alabama

Summary

If your son is seeking expungement in Alabama, he should prepare a typed Motion for Expungement, including proof of completing required classes. In court, he should present this motion to the court clerk or bailiff. During the hearing, he should address the judge respectfully, answer questions clearly, and remain calm. The judge will decide on the expungement request based on the motion and any questions asked. Its important to reference Alabama laws, such as Code of Alabama, Section 15-27-1, in the motion.

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Mobile alabama
Hi ****! Could you please provide more details about the specific legal issue you're facing? This will help me offer the most accurate information.
Ok so my son was falsely charged with domestic violence. Long story short he agreed to domestic violence classes to complete and then get it expunged off hos record. Court is tomorrow and the lawyer he paid to represent him is no longer his lawyer. He doesn't have one at this time. What will happen in court tomorrow
Hi ****! In court tomorrow, if your son doesn't have a lawyer:
- He can request a continuance to find new legal representation.
- He may need to explain his situation to the judge.
- The judge might reschedule the hearing or proceed with the case.
Would you like information on how to request a continuance?
No we want this to be wiped off his record. He has completed the classes. Is there any specific motions or things my son should need when representing himself tomorrow
Your son should consider filing a motion for expungement. Here are some steps he can follow:
*. Prepare a Motion for Expungement: Clearly state that he has completed the required classes.
*. Gather Documentation: Include proof of class completion.
*. Present in Court: Be polite, concise, and prepared to answer any questions.
Would you like guidance on drafting the motion?
How to prepare a motion for expungment
To prepare a motion for expungement, your son can follow these steps:
*. Title and Introduction:
- Title: "Motion for Expungement"
- Introduction: State his name, case number, and the request for expungement.
*. Background:
- Provide a brief history of the case.
- Mention the agreement to complete domestic violence classes.
*. Completion of Requirements:
- State that he has completed the required classes.
- Attach proof of completion.
*. Legal Basis:
- Reference Alabama laws regarding expungement (Code of Alabama, Section *-*-*).
*. Request for Relief:
- Clearly request the court to expunge his record.
*. Signature:
- Sign the motion and date it.
Would you like a template to follow?
Yes
Here's a simple template your son can use for his Motion for Expungement:
---
Motion for Expungement
Introduction:
- Name: [Your Son's Name]
- Case Number: [Case Number]
- Request: Motion for Expungement
Background:
- Brief history of the case
- Agreement to complete domestic violence classes
Completion of Requirements:
- Statement confirming completion of required classes
- Attach proof of completion
Legal Basis:
- Reference: Code of Alabama, Section *-*-*
Request for Relief:
- Request the court to expunge the record
Signature:
- [Your Son's Signature]
- [Date]
---
Does your son need any other specific information or assistance for tomorrow?
Does this need to be on a specific piece of paper? Typed or handwritten?
Your son should type the Motion for Expungement on standard letter-sized paper (*.*" x *"). While handwritten motions are sometimes accepted, typed documents are generally preferred for clarity and professionalism.
Would you like any more details on what to expect during the court hearing?
Yes
During the court hearing for an expungement request, here’s what your son can expect:
- Presentation: He will present his Motion for Expungement and proof of class completion.
- Judge’s Questions: The judge might ask questions about the case and the completed requirements.
- Decision: The judge will either grant or deny the expungement request.
Would you like more information on how to address the judge or answer specific questions?
Who does he hand the paper to?
Once in court, your son should hand his Motion for Expungement to the court clerk or bailiff. They will ensure it gets to the judge. Would you like tips on how to address the judge during the hearing?
Yes please
Here are some tips for addressing the judge during the hearing:
- Be Respectful: Always address the judge as "Your Honor."
- Be Clear and Concise: Clearly state your points without unnecessary details.
- Stay Calm: Remain calm and composed, even if questioned.
- Be Honest: Answer all questions truthfully and directly.
Would you like any more specific guidance on addressing the judge or any other aspect of the hearing?