Can I get a rape charge expunged from my record in Alabama?

An expungement is a process of legally wiping out records or information in files, computers and some databases relating to criminal charges. Expungement of records includes DNA, records relating to investigations of child abuse, and records regarding convictions that have been found to have inaccurate information. 

Expunged records may only be blocked from public view, as from your employer, but not blocked from the view of law enforcement or the court. While some felony records may be expunged in Alabama, violent felonies including murder, capital murder, 1st degree rape, attempted murder, manslaughter, sodomy, sexual crimes, and/or abuse of children require a full pardon before they can be expunged. 

You can get a record expunged if the charges did not lead to a conviction, if it can be proven that there were inaccuracies or information was incomplete in the conviction, or if you were investigated for child abuse and never convicted. In addition, if you were not convicted of a violent crime, if you have served your entire sentence, or if you have been acquitted or exonerated, you may petition for expungement. Even with an expungement, you may still not be able to possess a weapon or be entitled to vote.

If there have been errors or inaccuracies, you may request the original agency to have control over the records to purge, modify or supplement them. If they decline to act, you will have 30 days to appeal to the circuit court for the order of expungement or modification.

If you have been convicted or charged with rape, you will want to have an experienced criminal attorney assist you, as expungements are not given lightly or often.