orangebeachlaw

Arrested at "Sand in My Boots" Fest in Gulf Shores ?

jordan@orangebeachlawyer.com (Jordan Copeland) — Mon, 14 Apr 2025 16:38:04 GMT

Experienced and local Gulf Shores, Alabama area Criminal Defense Law Firm – Jordan M. Copeland Law, PLLC

Experienced and local Gulf Shores, Alabama area Criminal Defense Law Firm – Jordan M. Copeland Law, PLLC represents people arrested and charged with crimes at Sand in My Boots in Gulf Shores, Alabama.

Were you arrested at Sand in My Boots in Gulf Shores, Alabama? Experienced and local Gulf Shores area Criminal Defense Attorney, Jordan M. Copeland Law, PLLC defends clients arrested for criminal charges in the Gulf Shores and Baldwin County, Alabama courts.

The Sand in My Boots Fest in Gulf Shores, Alabama will draw thousands of people to the three-day music festival May 16 - 18, 2025 on the white sand beaches of Gulf Shores, Alabama . If you were arrested by the Gulf Shores Police Department and/or the Baldwin County Sheriff’s Department at Sand in My Boots, our goal is to keep you out of jail and to keep convictions off your record.

If you were charged with alcohol or drug related offenses at Sand in My Boots including: DUI, Minor in Possession / Consumption of Alcohol, Public Intoxication, Open Container, Disorderly Conduct, Reckless Endangerment, Possession of Marijuana, Possession of a Controlled Substance, Possession of Drug Paraphernalia, Harassment, Assault, Domestic Violence 3rd degree, among other charges - you need an aggressive, experienced, personable, and local criminal defense attorney in Baldwin County, Alabama.

Gulf Shores, Alabama area Criminal Defense Lawyer, Jordan M. Copeland has 18+ years of experience defending clients against criminal charges in Alabama. If you were arrested in Gulf Shores during the Sand in My Boots Fest, our law firm can help. Don’t let an arrest in Gulf Shores ruin your future.

Even if you think your case is “open and shut” or that you have no defense, do not make the mistake of going into court without a lawyer and just pleading guilty. In may cases a negotiated lesser charge or non-conviction may still be possible. Although no lawyer can ethically guarantee a result, we will use our years of criminal defense experience in Alabama courts to represent you. Before court, we will seek any discoverable evidence against you from the Prosecutor’s Office, City, and/or State law enforcement involved to legally evaluate all actions taken in the case against you.

We know your legal rights in Gulf Shores, Alabama and aim to protect them in every aspect of the case against you. If appropriate in your case, we will negotiate a potential dismissal or offer in your case that is in your benefit. If negotiations fall short, we can use our 18+ years of experience in the criminal courtroom to go to trial, if necessary.

2025 is the inaugural year of Sand in My Boots in Gulf Shores, Alabama. For many years prior to 2025 the same venue area of the Hangout in Gulf Shores, Alabama hosted a music festival previously known as Hangout Fest each year in May. For many years Gulf Shores area Criminal Defense Attorney, Jordan M. Copeland has represented visitors to the area from all over the country that are arrested at music festivals and other annual events held in Gulf Shores and Orange Beach, Alabama.

Many people arrested for drug charges at events in the Gulf Shores area get taken into custody when they enter the festival during the security screening process and are allegedly in possession of illegal drugs. Additionally, many people that travel to Gulf Shores, Alabama looking forward to a good time are unaware that even a very small, personal possession amount of marijuana in Alabama is an arrestable, misdemeanor charge that can result in jail time if convicted. Further, the Baldwin County Sheriff’s Department and District Attorney’s Office opt to charge THC Vapes as felony Possession of Controlled Substances charges (as of the time of drafting this blog post).

The Gulf Shores, Alabama Public Intoxication ordinance (as adopted from Alabama statute law) is very broad and an arrest only requires an officer to have probably cause to believe that the person “ … appears in a public place under the influence of alcohol, narcotics or other drug to the degree that he endangers himself or another person or property, or by boisterous and offensive conduct annoys another person in his vicinity.” Alabama Code Title 13A. Criminal Code SECTION 13A-11-10. However, if you were arrested for Public Intoxication we can help.

Our law firm Gulf Shores area Criminal Defense Law Firm also represents clients in Petitions for Expungement of criminal charges from the Sand in My Boots Fest in Gulf Shores, Alabama. If you were arrested in Gulf Shores, Alabama the records of your charges could remain on your criminal history report unless the Circuit Court of Baldwin County grants you an expungement. Contact our law firm to discuss pending cases and expungement representation from arrests at Sand in My Boots Fest in Gulf Shores, Alabama.

If you find yourself charged with alcohol related, drug related, or other offenses while attending the Sand in My Boots Fest in Gulf Shores, Alabama, feel free to contact our local Criminal Defense Law Firm – Jordan M. Copeland Law, PLLC - serving Gulf Shores, Orange Beach, Foley and Baldwin County, Alabama from our law office in Foley, Alabama. Email: Jordan@OrangeBeachLawyer.com or call (251) 545-3637.

[Although this blog post may or may not be considered to be advertising, the following disclaimer is required in Attorney advertising per the Alabama State Bar: “No representation is made that the quality of legal services to be performed is greater than the quality of legal services to be performed by other lawyers.”]

Elberta, Alabama Criminal Defense Attorney

jordan@orangebeachlawyer.com (Jordan Copeland) — Thu, 13 Mar 2025 20:58:50 GMT

Elberta, Alabama Criminal Defense Attorney - Jordan M. Copeland Law, PLLC

Elberta, Alabama Criminal Defense Attorney, Jordan M. Copeland is experienced in successfully defending clients from anywhere in the country facing charges in the Municipal Court of Elberta, Alabama. The Elberta, Alabama Municipal Court has jurisdiction of cases processed from arrests for misdemeanors and issuances of traffic citations by the Elberta Police Department in the Town of Elberta, Alabama. Experienced and local Elberta Municipal Court Criminal Defense Lawyer, Jordan M. Copeland of Jordan M. Copeland Law, PLLC represents clients facing any charges in the Elberta Municipal Court.

It is usually advisable to retain an attorney to represent you anytime you must appear as a defendant to face criminal charges in the Elberta Municipal Court or any other court. Do not make the mistake of thinking that because you are in a city / municipal court that you should take your charge(s) lightly. Class A Misdemeanors prosecuted in Elberta Municipal Court have a sentencing range of up to one (1) year in the City Jail if you are found or plead guilty.

Elberta, Alabama Criminal Defense Lawyer, Jordan M. Copeland has successfully defended clients charged in criminal cases in the Alabama court system since 2007. Jordan M. Copeland Law, PLLC frequently represents clients in Elberta Municipal Court that are facing charges of: Domestic Violence, 3rd degree, Assault 3rd Degree, Driving Under the Influence (DUI) of Alcohol and/or Drugs, Possession of Marijuana, 2nd degree, Possession of Drug Paraphernalia, Public Intoxication, Minor in Possession of Alcohol, Reckless Endangerment, Attempting to Allude Police, Theft of Property 4th degree, among many other misdemeanor and traffic citations.

Elberta, Alabama Criminal Defense Law Firm, Jordan M. Copeland Law, PLLC is driven to obtain the best outcome we can for our clients in the Elberta Municipal Court. While no lawyer can ethically guarantee results, our law firm strives for success in every case. Our goal is to keep you out of jail and prevent a conviction of your charges. Elberta Criminal Defense Attorney, Jordan M. Copeland strives to achieve the best result for each of our clients in the Elberta Municipal Court.

We know how important the outcome of your case in the Elberta Municipal Court can be on your future because Attorney, Jordan M. Copeland also represents clients petitioning to expunge their arrest record in prior cases from the Elberta Municipal Court and across Alabama. Even if your criminal case in Elberta Municipal Court results in a dismissal, nolle pross, acquittal, or any form of non-conviction, unless you successfully obtain an expungement from the proper Circuit Court you will still have a record of the arrest on your criminal background.

If you are local, out-of-state, or out-of-area, and are facing criminal or traffic charges in the Elberta Municipal Court, we can help. Do not plead guilty without an attorney “just to get it over with” because you will likely regret it. Even if you think the facts are 100% against you, we may be able to negotiate an offer with a more favorable outcome with the Prosecutor.

When you retain us, our Jordan M. Copeland Law, PLLC will interview you and any necessary witnesses, then motion to obtain discoverable evidence from the Elberta Police Department via a Motion for Discovery. Said discoverable evidence will likely include officer bodycam and dashboard camera audio/video evidence from the alleged incident, and other document evidence. We will analyze the discoverable evidence from the defense perspective in relation to the applicable law to determine if any pre-trial motions are appropriate. Additionally, we will leverage our client’s position to the best of our ability with the Prosecutor and Judge in the Elberta Municipal Court.

If you have recently been arrested by the Elberta Police Department and have pending criminal charges, feel free to contact Elberta Municipal Court Criminal Defense Lawyer, Jordan M. Copeland to discuss your case and potential representation. Our law office is conveniently located just a few miles west of Elberta in Foley, Alabama. Contact us by phone at our office: (251) 545-3637, by email at Jordan@OrangeBeachLawyer.com or via our websites: OrangeBeachLawyer.com and FoleyALcriminaldefense.com.

Orange Beach, Alabama Expungements for Licensed Professionals

Fri, 13 Oct 2023 16:18:29 GMT

Orange Beach, Alabama Expungement Lawyer - Jordan M. Copeland

Our law firm is experienced in representing Licensed Professionals that have been arrested in Orange Beach, Alabama (and Baldwin County) through the process of seeking an expungement. Since Alabama first passed an expungement law in 2014, our law Firm has successfully represented hundreds of Licensed Professionals from across the United States seeking to have a prior arrest record expunged in the State of Alabama.

If you are a Licensed Professional with a previous arrest in the Orange Beach, Alabama, we know negative career consequences can result. Our law Firm has successfully obtained expungements for Licensed Professionals in most every career field. Some of the positions considered to be Licensed Professionals include: Attorneys, Real Estate Agents and Brokers, Certified Public Accountants (CPAs), Engineers, Pharmacists, Registered Nurses (RNs), Medical Doctors (MDs), and Physician’s Assistants (PAs), Nurse Practitioners, Certified Registered Nurse Anesthetists (CRNAs), amoung others.

Many Licensed Professionals and future Licensed Professionals are unaware that even if your prior criminal charge in Alabama was dismissed or did not result in a conviction, the record of your arrest will remain on your criminal background report unless it is removed via an Order of Expungement from the proper Court in Alabama.

As a Licensed Professional, even certain arrest records for violations and misdemeanors can have substantial negative impacts on licensing and career advancement. Our Orange Beach, Alabama Expungement Law Firm has successfully obtained expungements of prior Alabama arrests records for professionals in many types of drug and alcohol charges, including: Driving Under the Influence (DUI), Possession of Marijuana 1st and 2nd degree, Unlawful Possession of a Controlled Substance, Unlawful Distribution of a Controlled Substance, Unlawful Possession/Use of Drug Paraphernalia, Public Intoxication, among other crimes. Our Orange Beach, Alabama Expungement lawyers have also obtained expungements for professionals previously arrest for many types of personal and property crimes in Alabama, including: Domestic Violence, 3rd degree, Harassment, Resisting Arrest, Theft of Property 1st, 2nd, 3rd, and 4th degrees, Possession of a Forged Instrument, among many others.

The proper jurisdiction to petition to expunge eligible, prior Alabama arrest records is the Alabama Circuit Court of the county where the original charge was pending. No matter in what state you reside, Licensed Professionals previously arrested in Baldwin County, Alabama must petition to expunge said arrest in Baldwin County, Alabama to clear their criminal background the best as legally possible (if your case is eligible).

Expungements are the focus of our Orange Beach Alabama Expungement Lawyer, Jordan M. Copeland – clearing criminal records to the extent of Alabama law for his clients. If you are a Licensed Professional, no matter in what state you reside, if your prior arrest was in Orange Beach, Alabama or surrounding areas in Alabama, our Orange Beach, Alabama Expungement Law Firm can represent you remotely through the entire Petition for Expungement process without a visit to our law office.

Our Orange Beach, Alabama Expungement Lawyer’s goal is to have the Circuit Court grant your Petition for Expungement without the necessity of a court hearing. Although a hearing is possible, from our experience a vast majority of our cases are not set for a hearing because of no objection from the District Attorney’s office. In Alabama even if your case is eligible for an expungement, the District Attorney’s office has forty-five (45) days after the petition is served to file any objection with the Court. Therefore, our Orange Beach, Alabama Expungement Law Firm prepares custom petitions for expungement detailing the positive factors of each client giving the Court the detailed grounds for and reasons each client is seeking an expungement order from the Court. Our goal is to bolster you petition for expungement with our custom supporting packets for each petition.

If you are a Licensed Professional that has had a prior arrest in Orange Beach, Alabama, or surrounding areas, that record of arrest will remain on your criminal background report unless you are granted an Order of Expungement in Alabama. You need an experienced Orange Beach, Alabama Expungement Lawyer to represent you through the legal process. Many Licensed Professionals across the USA that were previously arrested in Orange Beach, Alabama have already trusted our law firm to represent them through the petition for expungement process in Alabama. No attorney can ethically guarantee a result in any representation. Our experience and results in petitions for expungement representation in Alabama speaks for itself.

Check out our Google Reviews on our Google Map Page titled “Orange Beach Criminal Defense Lawyer – J.M. Copeland”. For more information regarding your particular expungement eligibility, feel free to email us at: Jordan@OrangeBeachLawyer.com or call our office at: (251) 545-3637.

Arrested for Shoplifting at Walmart Self-Checkout in Gulf Shores, Alabama?

Thu, 13 Apr 2023 19:28:57 GMT

Were you arrested for shoplifting at Walmart self-checkout in Gulf Shores, Alabama? If so, you need an experienced criminal defense lawyer to defend you in the Gulf Shores Municipal Court. Shoplifting (Theft of Property, 4th degree) is a Class A misdemeanor in Alabama with potential jail time of up to 365 days if convicted.

A shoplifting / theft of property, 4th degree charge from Walmart in Gulf Shores requires the City Prosecutor to prove the following:

“(a) A person commits the crime of theft of property if he or she: (1) Knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property ; [or] (2) Knowingly obtains by deception control over the property of another, with intent to deprive the owner of his or her property ; … “ (emphasis added) Section 13A-8-2 (Code of Ala.)

“(a) The theft of property which does not exceed five hundred dollars ($500) in value and which is not taken from the person of another constitutes theft of property in the fourth degree. (b) Theft of property in the fourth degree is a Class A misdemeanor.” Section 13A-8-5 (Cod of Ala.)

Therefore, If you are charged with shoplifting from Walmart in Gulf Shores, you need an experienced Criminal Defense lawyer to represent you against the City of Gulf Shores. The Prosecutor must prove the element of intent: knowingly obtaining unauthorized control of the property, and intent to deprive the owner of property. The element of intent is decided by the Judge in Gulf Shores Municipal Court if there is a bench trial. If the case is appealed to the Circuit Court of Baldwin County for a jury trial, the jury will decide if you had intent based on the evidence presented at trial.

Walmart in Gulf Shores is very aggressive in the prosecution of suspected shoplifting via the self-checkout kiosks. Self-Checkout kiosks at Walmart in Gulf Shores are monitored by cameras at each kiosk and some Walmart stores are now installing Artificial Intelligence (AI) anti-theft technology at self-checkout kiosks. Walmart in Gulf Shores also has “eye in the sky” 360 degree cameras in the ceiling throughout the store. These cameras are far away but can be controlled and zoom in close enough to read your text message on your phone screen.

If you are suspected of shoplifting at a self-checkout at the Gulf Shores Walmart, a member of the Loss Prevention (aka Asset Recovery) team may approach you just before you leave the store. They will identify themselves and ask you to follow them with your cart of items into the security room that most people do not know about. The security room at the Gulf Shores Walmart will be recording audio/video of you. The loss prevention worker will likely attempt to get you to admit you were intentionally bagging items without scanning them or other methods of an alleged shoplifting they detect.

Remember, Gulf Shores Walmart loss prevention (asset recovery) employees are NOT required legally to read you Miranda Rights before they question you because they are not law enforcement officers. Therefore, if you are in a situation where you are being accused of shoplifting from Gulf Shores Walmart by a loss prevention employee, know that everything is being recorded and your best response should usually be to remain silent, respectfully not answer any questions, and know that you are probably about to get arrested by the Gulf Shores Police Department. Even if you did not intentionally bag an item that did not scan, or that scanned wrong, etc., there is no need to give a statement or respond in any way. If you get arrested save your talking for your criminal defense lawyer you will consult with to discuss representatio

Criminal defense lawyer, Jordan M. Copeland has represented many people charged with shoplifting from Walmart and other businesses in Gulf Shores. Experienced and result oriented criminal defense lawyer, Jordan M. Copeland, and his law office has defended people against shoplifting charges since 2007.

If you are charged with shoplifting / theft of property, 4th degree from Walmart in the Gulf Shores Municipal Court and you retain our law office to represent you, we can go to work filing the proper Motions to Produce Evidence and Subpoenas via the Court necessary to obtain all the audio/video evidence in your case. We can review all this discovery evidence before your court date to build the best defense and leverage your position with the Prosecutor and Judge. Our goal (not guarantee, no lawyer can ethically make a guarantee as to results of a case) is to keep you out of jail and for your case to result in a non-conviction. Our experience and results speak for themselves.

Law Offices of Jordan M. Copeland located in Foley also represent clients in Petitions for Expungement of prior shoplifting / theft of property, 4th degree cases from Walmart in Gulf Shores and throughout Baldwin County. Many people are unaware of the following fact: If you were previously charged with shoplifting / theft of property, 4th degree from Walmart in Gulf Shores, even if the case resulted in a non-conviction (dismissed, nolle prossed, not guilty after trial, etc.) you will still have the record of the arrest for shoplifting on you criminal background reports with the state, FBI, and non-government background reports unless you are granted an Order of Expungement from the Circuit Court of Baldwin County.

If you were previously charged shoplifting / theft of property 4th degree at Walmart in Gulf Shores and your case was “nolle prossed” or “dismissed with prejudice” (as Ordered on the final Case Action Summary) you can be eligible to Petition for Expungement of the arrest records after 90 days from the final Order from the Judge. If the case was “dismissed” you must wait a year from the date of dismissal before it is eligible to Petition for Expungement.

If you were convicted (pled guilty or found guilty after a trial) of shoplifting / theft of property, 4th degree from Walmart in Gulf Shores, you must wait three (3) years before your case can be eligible to petition or an Expungement of the conviction.

For more information and possible representation in defense of a shoplifting / theft of property, 4th degree charge from Walmart in Gulf Shores, contact the Criminal Defense Law Office of Jordan M. Copeland at (251) 545-3637 or Jordan@OrangeBeachLawyer.com . Also, feel free to contact our law office if you had a prior shoplifting / theft of property, 4th degree charge from Walmart in Gulf Shores and you are interested to determine if you are eligible to retain our law office to represent you in the petition for expungement process to clear your criminal record.

A Baldwin County, Alabama Expungement Clears a Criminal Background Report

Wed, 15 Feb 2023 15:56:59 GMT

Will an expungement in Baldwin County, Alabama clear a criminal background report? We are often asked that question by potential expungement clients and the answer is generally "yes". A Baldwin County, Alabama Expungement clears a criminal background report. After the Circuit Court of Baldwin County, Alabama issues an Order of Expungement the process of the record of arrest / conviction being cleared from the client’s State of Alabama and Federal Criminal Background Reports begins. (See §15-27-6 and §15-27-7 Ala. Code , 1975)

Baldwin County Expungement of Records from State of Alabama (ALEA) and FBI Criminal Background Reports

All criminal justice agencies with records of the arrest / conviction that were ordered expunged and are subject to the Alabama expungement statute should receive a copy of the Order of Expungement (sent by the Circuit Clerk). Then they will have 180 days to certify to the Court that the required expungement action has been completed. (See: §15-27-6 Ala. Code , 1975) The following language or similar language will generally be contained in an Order of Expungement issued by Circuit Courts in Alabama:

“… ORDERED that any other Agency or Official having custody of records pertaining to the above-listed Charge and Case No. shall EXPUNGE, by collecting and sending said records to the Alabama Law Enforcement Agency (ALEA), all records, including law enforcement records* , in the custody of the named Agency, Official, or Law Enforcement Officer pertaining to the above-listed Charge and Case No. ________ … It is Further Ordered that all proceedings related to the above listed charges are DEEMED NEVER TO HAVE OCCURRED. VIOLATION OF THIS ORDER IS PUNISHABLE UNDER ALABAMA LAW. “AN INDIVIDUAL WHO KNOWS AN EXPUNGEMENT ORDER WAS GRANTED PURSUANT TO THIS CHAPTER [§ 15-27] AND WHO INTENTIONALLY AND MALICIOUSLY DIVULGES, MAKES KNOWN, REVEALS, GIVES ACCESS TO, MAKES PUBLIC, USES, OR OTHERWISE DISCLOSES THE CONTENTS OF AN EXPUNGED FILE WITHOUT A COURT ORDER, OR PURSUANT TO A PROVISION OF THIS CHAPTER, SHALL BE GUILTY OF A CLASS B MISDEMEANOR.” Ala. Code § 15-27-16(a) (1975). *Including Alabama law enforcement records except privileged presentence or post-sentence investigation reports produced by the Alabama Board of Pardons and Paroles and its officers, records, documents, databases, and files of the district attorney and the Office of Prosecution Services. Ala. Code § 15-27-6(a) (1975).” (See: State of Alabama Unified Judicial System Form CR-65D Rev. 4/2015)

For purposes of the Alabama expungement law, a “… RECORD… The term shall include, but is not limited to, all of the following:

a. Arrest and conviction records.

b. Booking or arrest photographs of the petitioner.

c. Index references such as the State Judicial Information System or any other governmental index references for public records search.

d. Records relating to administrative suspension pursuant to Article 14 of Chapter 5A of Title 32, including driver license suspension records.

e. Other data, whether in documentary or electronic form, relating to the arrest, charge, or conviction.” Ala. Code § 15-27-9 (1975)

Additionally, for purposes of the Alabama expungement law, § 15-27-9(1) “CRIMINAL JUSTICE AGENCIES” are defined in Section 41-9-590 as “… Federal, state, local, and tribal public agencies that perform substantial activities or planning for activities relating to the identification, apprehension, prosecution, adjudication, or rehabilitation of civil, traffic, and criminal offenders.

In practice, our law firm’s experience in Baldwin County, Alabama expungement case procedure post-expungement order, the following generally happens: in a few weeks to a few months (but up to 180 days) the Alabama Law Enforcement Agency (ALEA) will mail a letter to the client informing them, in substance, that the record(s) of the arrest and/or conviction that was ordered expunged has now been removed from the client’s State of Alabama Criminal Background Report and from the client’s Federal Bureau of Investigation (FBI) National Criminal Records Repository. A Baldwin County, Alabama Expungement clears a criminal background report.

The result of this removal of records is a clear ALEA and FBI background report, in relation to the arrest and/or conviction that was expunged. Thereafter, if the client’s criminal history report is requested from ALEA (State of Alabama) or the FBI, the report will be clear and not reflect any indication the client was ever arrested, charged, and/or convicted in relation to the expunged case. If the client has had no other arrests / convictions, the client’s criminal report shall simply show in substance “Arrests: – None”. A Baldwin County, Alabama Expungement clears a criminal background report.

Baldwin County, Alabama Expungement of Records from Private Criminal Database Companies.

Is the record of the client’s arrest / conviction removed from non-government Criminal Background Reports (Private Criminal Database Companies)? Our Baldwin County, Alabama Expungement law firm is often asked this question and the answer is generally, “Yes, when the private criminal database company either updates its records or is put on notice of the expungement order.” There are hundreds if not thousands of private criminal database companies that provide criminal history reports on individuals.

Unfortunately, some of these companies are more reputable than others resulting in many not updating records frequently. These companies provide many employers with backgrounds checks on potential employees during the job interview process. Federal law governs these companies because they provide “consumer reports” – a non-government, private company providing criminal history reports for a fee.

However, Federal law currently does not mandate a minimum frequency of how often these companies must update their records. Reputable private criminal database companies may update their records very frequently, whereas less reputable companies may go a year or more without updating their records. Updating their records would include the company requesting any changes to the person’s criminal record from the court clerk and/or government (state/federal) criminal databases – ALEA / FBI.

Remember, after an order of expungement is issued in Baldwin County, Alabama, the clerk of court and other agencies that previously had record of the charge that has since been expunged will respond that “no record exists” to requests for a case file that has been expunged (unless the request is from certain government agencies as provided in Alabama’s expungement statutes). Further, ALEA and FBI criminal reports will not reflect any record that the person was ever arrested / charged after the expungement order has been processed. Therefore, the private criminal database companies that request updates should then remove the record from their database at that point as well.

Putting these private criminal database companies on notice of the expungement order is the fastest way to get the record removed with these companies. If our Baldwin County, Alabama Expungement law firm represents you in successfully obtaining an order of expungement we can provide you with the resources that will put about 400 of the major private criminal database companies on actual notice of the expungement order resulting in them removing the record quickly. The reputable private criminal database companies are generally more than happy to remove an expunged record from their database when a copy of the order of expungement is provided to them.

If you need a clear criminal background report from a prior charge or misdemeanor conviction in Baldwin County, Alabama that is eligible for expungement, contact Baldwin County, Alabama Expungement Lawyer, Jordan M. Copeland to find out more details of representation in the petition for expungement process in Alabama. Email: Jordan@OrangeBeachLawyer.com or call: (251) 545-3637.

Youthful Offender Cases in Baldwin County, Alabama and Criminal Backgrounds

Fri, 16 Sep 2022 16:27:04 GMT

Cases Granted Youthful Offender Status in Baldwin County Courts and Criminal Background Reports

Our law office provides legal representation for clients seeking to remedy Youthful Offender cases in Baldwin County, Alabama appearing on criminal background reports. Over the years, we have sucessfully represented many clients in having charges that were granted Youthful Offender removed from improperly being reported as the underlying charge on their criminal record. Does your criminal background report from ALEA and/or the FBI report a Youthful Offender, inaccurate, or incomplete charge? Our Baldwin County law office represents clients seeking to correct these criminal reports.

Cases Granted Youthful Offender Status in Baldwin County, Alabama Courts and Criminal Background Reports

According to Alabama's Youthful Offender statute - if a person charged with a crime in an adult court (not juvenile court) in Alabama is under the age of 21 at the time of the alleged offense, that person has the right to make an application with the court requesting Youthful Offender status be granted. If you had a prior criminal case in any court in Baldwin County, Alabama that was granted Youthful Offender status, it is sealed and the fact that you were arrested, charged, and adjudicated should NOT appear on your ALEA, FBI, or other criminal background reports. The report should be blank in relation to your prior Youthful Offender case.

Youthful Offender status can be granted in any adult Traffic, Municipal, District, or Circuit Court in Baldwin County, Alabama, including but not limited to: Orange Beach Municipal Court, Gulf Shores Municipal Court, Foley Municipal Court, District or Circuit Court of Baldwin County.

For example, “John Anyname” was charged with a felony drug charge in the Circuit Court of Baldwin County, Alabama many years ago. During the case, the Court granted Mr. Anyname Youthful Offender status. As a result of receiving Youthful Offender status, his case was sealed by the Court Clerk. However, ALEA and the FBI are reporting the felony arrest on his Alabama and FBI criminal background report. Our law office represents people in Mr. Anyname’s situation in seeking the remedy of correcting his criminal history reports to remove the improperly reported Youthful Offender case.

Youthful Offender Adjudications in Baldwin County, Alabama are NOT Felony or Misdemeanor Convictions

If you were granted Youthful Offender status in a prior criminal case in any court in Baldwin County, Alabama and you were adjudicated “guilty” of being a youthful offender then you were not guilty of the original criminal charge. You are only adjudicated “guilty” of being a youthful offender – meaning you are not convicted of the original charged felony or misdemeanor in the case. Therefore, a person granted Youthful Offender status in Baldwin County, Alabama does not lose civil or political rights that the person would lose if convicted of the felony with no youthful offender status. You do NOT lose your right to own or possess a firearm or ammunition if you are adjudicated guilty of being a youthful offender in Baldwin County, Alabama.

Criminal Charges Granted Youthful Offender Status by a court in Baldwin County, Alabama Court are Sealed - no matter the outcome

Also, as explained above, if you are granted Youthful Offender status in a court in Baldwin County, Alabama – even if you are adjudicated guilty of being a youthful offender – your criminal history report should not be reporting the fact that you were ever arrested for the charge. In this situation, your ALEA and FBI criminal history reports should be clear of any arrest or charge because the youthful offender file is sealed by the Court under Alabama law.

Incomplete Criminal Background Report Indicates an Old Case is Still Open or Pending

Another situation involves potentially incomplete background reports where a person’s prior case shows a still pending or no disposition many years after a charge has been dismissed or nolle prossed.

For example, “Jane Doe” is charged with a felony drug charge in the Circuit Court of Baldwin County, Alabama. As a part of the case, Ms. Doe is allowed to enter Pre-trial Diversion and she successfully completes CRO and drug court. As a result, her case is “nolle prossed” or “dismissed”. However, on her criminal background report, the disposition is not reported, the charge appears to still be pending, or is inaccurately reported as a conviction. Our law office represents people in Ms. Doe’s situation in seeking the remedy of updating or correcting her criminal history reports to update the proper disposition.

Petition for Expungement vs. Requests to Correct Criminal Background

In these examples, if the client’s charge is also eligible for expungement in Baldwin County, Alabama, we will discuss this remedy as it may be preferable in the situation. Inaccurate and incomplete criminal background reports in Baldwin County, Alabama can result in a lost job opportunity, denial of a career advancement, denial of a professional license, denial of rental application, and more. Our law office will contact the proper agencies involved and work through the process in an effort to have inaccurate and incomplete criminal background reports from Alabama corrected for our clients.

No matter what state you currently reside, if you have a prior youthful offender charge from any court in Baldwin County, Alabama that is appearing on your ALEA criminal background report, we can represent you in seeking to remove this record from your report – including other inaccuracies. Feel free to contact Baldwin County, Alabama Expungement Lawyer, Jordan M. Copeland by email at jordan@orangebeachlawyer.com or by phone at 251-545-3637 to discuss potential representation.

Arrested at the Hangout Music Festival in Gulf Shores, Alabama?

Wed, 18 May 2022 17:29:56 GMT

Gulf Shores Municipal Court Criminal Defense Attorney, Jordan M. Copeland, defends clients that received criminal charges at the Hangout Music Festival in Gulf Shores, Alabama Municipal Court. The Hangout Music Festival in Gulf Shores draws thousands of people to the three-day music festival on the white sand beaches of Gulf Shores, Alabama. Each Hangout Fest there are many people arrested and charged with alcohol and drug related offenses in Gulf Shores, AL including: DUI, Minor in Possession / Consumption of Alcohol, Public Intoxication, Open Container, Disorderly Conduct, Possession of Marijuana, Possession of Drug Paraphernalia, Harassment, Domestic Violence, 3rd degree, among other charges.

If you were arrested at the Hangout Music Festival for any alcohol, drug, or disorderly conduct related offense and you have a pending charge in the Gulf Shores, Alabama Municipal Court – you should seek to hire an experienced criminal defense lawyer to defend you in court. Gulf Shores Municipal Court Criminal Defense Lawyer, Jordan M. Copeland has 15+ years defending clients against criminal charges in Alabama. If you were arrested in Gulf Shores during the Hangout Music Festival, our law office can help. Don’t let an arrest in Gulf Shores ruin your future career.

Even if you think your case is “open and shut” and you have no defense, do not make the mistake of going into court without a lawyer and just pleading guilty in Gulf Shores Municipal Court without hiring a criminal defense lawyer in the area. Although no lawyer can ethically guarantee a result, we will use our years of criminal defense experience in Alabama courts to represent you. Before court, we will seek any discoverable evidence against you from the City of Gulf Shores.

We know your legal rights and aim to protect them in every aspect of the case against you. If appropriate in your case, we will negotiate a potential offer in your case that is in your benefit. If negotiations fall short, we can use our experience in the courtroom to go to trial.

Our law firm also represents clients in Petitions for Expungement of criminal charges from the Hangout Music Fest in Gulf Shores, Alabama. If you were arrested at the Hangout Music Fest the records of your charges could remain on you criminal record unless the Circuit Court of Baldwin County grants you an expungement. Contact our law firm to discuss pending cases and expungement representation from arrests at the Hangout Music Fest in Gulf Shores, Alabama.

If you find yourself charged with alcohol related, drug related, or other offenses while attending the Hangout Music Fest in Gulf Shores, Alabama, feel free to contact our local Criminal Defense Law Firm – The Law Offices of Jordan M. Copeland - serving Gulf Shores, Orange Beach, and Foley, Alabama. Email: Jordan@OrangeBeachLawyer.com or call (251) 545-3637.

[Although this blog post may not be considered to be advertising, the following disclaimer is required in Attorney advertising: “No representation is made that the quality of legal services to be performed is greater than the quality of legal services to be performed by other lawyers.”]

Gulf Shores, Alabama Expungement of Misdemeanor Convictions

Fri, 16 Jul 2021 15:27:14 GMT

Some Misdemeanor Convictions are Eligible for Expungement in Gulf Shores, Alabama (effective July 1, 2021).

With the new expanded Alabama Expungement law comes the eligibility for many new types of charges / convictions to now be eligible for an expungement under Alabama law. In this blog post we will focus on Gulf Shores, Alabama expungement of misdemeanor convictions that may now be eligible for expungement.

Keep in mind, alternatively, if you had any prior misdemeanor or felony charge in Gulf Shores, Alabama that did not result in a conviction , it may be eligible for expungement under the expanded Alabama Expungement law, if the other statutory criteria are met.

Gulf Shores, Alabama Misdemeanor Convictions Must Meet These Factors to be Eligible for an Expungement.

Subsection (b) of 15-27-1 of the Code of Alabama is the first portion of substantial expansion of eligibility with the new 2021 Alabama Expungement Law. This subsection makes certain misdemeanor and violation convictions in Gulf Shores, Alabama Municipal Court eligible for expungement as long as certain factors a met. This subsection states in pertinent part:

“ … [A] person who has been convicted of a misdemeanor offense, a violation, a traffic violation, or a municipal ordinance violation may file a petition … to expunge records relating to the charge and the conviction if all of the following occur:

(1) Except as provided in Section 15-27-4, all probation or parole requirements have been completed, including payment of all fines, costs, restitution, and other court-ordered amounts, and are evidenced by the applicable court or agency.

(2) Three years have passed from the date of conviction.

(3) The person was not operating a commercial vehicle at the time and convicted of any of the offenses enumerated in 49 C.F.R. § 383.51

(4) The conviction is not a violent offense, as provided in Section 12-25-32

(5) The conviction is not a sex offense, as provided in Section 15-20A-5

(6) The conviction is not an offense involving moral turpitude, as provided in Section 17-3-30.1. This subdivision does not apply if the crime the person was convicted of was classified as a felony at the time of the conviction, but has been reclassified as a misdemeanor, pursuant to Act 2015-185, and the person has not been arrested for any offense, excluding minor traffic violations, 15 years prior to the filing of the petition for expungement.

(7) The conviction is not a serious traffic offense, as provided in Article 9 of Chapter 5A of -Title 32. …” Section 15-27-1(b) Ala. Code. (emphasis added).

All Probation / Parole Completed, all Court-Ordered Monies Paid, and Three (3)+ Years passed since the Conviction in Gulf Shores, Alabama.

Most notably, many misdemeanor and violation convictions in Gulf Shores, Alabama are now eligible for expungement if all court ordered monies are paid in full and at least three (3) years have passed from the date of the conviction. A conviction can be either a finding of guilty after a trial or a plea of guilty accepted by the Judge in Gulf Shores.

Convictions of any charge in 49 CFR 383.51 while a person was driving a Commercial Motor Vehicle are not Eligible to Petition for an Expungement

Misdemeanor and violation convictions in Gulf Shores, Alabama that are not eligible for expungement under the new Alabama Expungement Law include first, (3) above. This section will apply to Commercial Driver’s License (“CDL”) drivers if you were operating a commercial motor vehicle (“CMV”) at the time of the offense and convicted of any of the following offenses as detailed in 49 Code of Federal Regulations Section 383.51, below, then your case is not eligible for expungement in Alabama:

“… (1) Being under the influence of alcohol as prescribed by State law. …

(2) Being under the influence of a controlled substance. …

(3) Having an alcohol concentration of 0.04 or greater while operating a CMV. …

(4) Refusing to take an alcohol test as required by a State or jurisdiction under its implied consent laws or regulations as defined in § 383.72 of this part. …

(5) Leaving the scene of an accident. …

(6) Using the vehicle to commit a felony, other than a felony described in paragraph (b)(9) of this table. …

(7) Driving a CMV when, as a result of prior violations committed operating a CMV, the driver's CLP or CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV. …

(8) Causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide. …

(9) Using the vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance. …

(10) Using a CMV in the commission of a felony involving an act or practice of severe forms of trafficking in persons, as defined and described in 22 U.S.C. 7102(11). …

(11) Speeding excessively, involving any speed of 24.1 kmph (15 mph) or more above the regulated or posted speed limit. …

(12) Driving recklessly, as defined by State or local law or regulation, including but, not limited to, offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property. …

(13) Making improper or erratic traffic lane changes. …

(14) Following the vehicle ahead too closely. …

(15) Violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident. …

(16) Driving a CMV without obtaining a CLP or CDL. …

(17) Driving a CMV without a CLP or CDL in the driver's possession.

(18) Driving a CMV without the proper class of CLP or CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported. …

(19) Violating a State or local law or ordinance on motor vehicle traffic control prohibiting texting while driving a CMV. …

(20) Violating a State or local law or ordinance on motor vehicle traffic control restricting or prohibiting the use of a hand-held mobile telephone while driving a CMV. …

(21) The driver is not required to always stop, but fails to slow down and check that tracks are clear of an approaching train. …

(22) The driver is not required to always stop, but fails to stop before reaching the crossing, if the tracks are not clear. …

(23) The driver is always required to stop, but fails to stop before driving onto the crossing. …

(24) The driver fails to have sufficient space to drive completely through the crossing without stopping.

(25) The driver fails to obey a traffic control device or the directions of an enforcement official at the crossing. …

(26) The driver fails to negotiate a crossing because of insufficient undercarriage clearance. …

(27) Violating a driver or vehicle out-of-service order while transporting nonhazardous materials. …

(28) Violating a driver or vehicle out-of-service order while transporting hazardous materials as defined in § 383.5, or while operating a vehicle designed to transport 16 or more passengers, including the driver. … “

49 C.F.R. § 383.51

Misdemeanor convictions in Gulf Shores, Alabama must not be a “violent offense”, as provided in Section 12-25-32 to be eligible for expungement.

Next, under (b)(4) of Section 15-27-1 of the new 2021 Alabama Expungement Law, convictions

of a misdemeanor or violation defined as a “violent offense” under Alabama law, section 12-25-32, are not eligible for expungement. The list of “violent offenses” according to Alabama Code Section 12-25-32 are the following criminal charges in Alabama:

“… VIOLENT OFFENSE. a. For the purposes of this article, a violent offense includes each of the following offenses, or any substantially similar offense to those listed in this subdivision created after June 20, 2003:

1. Capital murder pursuant to Sections 13A-6-2 and 13A-5-40.

2. Murder pursuant to Section 13A-6-2.

3. Manslaughter pursuant to Section 13A-6-3.

4. Criminally negligent homicide pursuant to Section 13A-6-4.

5. Assault I pursuant to Section 13A-6-20.

6. Assault II pursuant to Section 13A-6-21.

7. Compelling street gang membership pursuant to Section 13A-6-26.

8. Kidnapping I pursuant to Section 13A-6-43.

9. Kidnapping II pursuant to Section 13A-6-44.

10. Rape I pursuant to Section 13A-6-61.

11. Rape II pursuant to Section 13A-6-62.

12. Sodomy I pursuant to Section 13A-6-63.

13. Sodomy II pursuant to Section 13A-6-64.

14. Sexual torture pursuant to Section 13A-6-65.l.

15. Sexual abuse I pursuant to Section 13A-6-66.

16. Enticing a child to enter a vehicle for immoral purposes pursuant to Section 13A-6-69.

17. Stalking pursuant to Section 13A-6-90.

18. Aggravated stalking pursuant to Section 13A-6-91.

19. Soliciting a child by computer pursuant to Section 13A-6-110.

20. Domestic violence I pursuant to Section 13A-6-130.

21. Domestic violence II pursuant to Section 13A-6-131.

22. Burglary I pursuant to Section 13A-7-5.

23. Burglary II pursuant to Section 13A-7-6.

24. Burglary III pursuant to subdivision (1) or subdivision (2) of subsection (a) of Section 13A-7-7.

25. Arson I pursuant to Section 13A-7-41.

26. Criminal possession of explosives pursuant to Section 13A-7-44.

27. Extortion I pursuant to Section 13A-8-14.

28. Robbery I pursuant to Section 13A-8-41.

29. Robbery II pursuant to Section 13A-8-42.

30. Robbery III pursuant to Section 13A-8-43.

31. Pharmacy robbery pursuant to Section 13A-8-51.

32. Terrorist threats pursuant to Section 13A-10-15.

33. Escape I pursuant to Section 13A-10-31.

34. Promoting prison contraband I pursuant to Section 13A-10-36, involving a deadly weapon or dangerous instrument.

35. Intimidating a witness pursuant to Section 13A-10-123.

36. Intimidating a juror pursuant to Section 13A-10-127.

37. Treason pursuant to Section 13A-11-2.

38. Discharging a weapon into an occupied building, dwelling, automobile, etc., pursuant to Section 13A-11-61.

39. Promoting prostitution I pursuant to Section 13A-12-111.

40. Production of obscene matter involving a minor pursuant to Section 13A-12-197.

41. Trafficking pursuant to Section 13A-12-231.

42. Child abuse pursuant to Section 26-15-3.

43. Elder abuse pursuant to Section 38-9-7.

44. Terrorism pursuant to Section 13A-10-152.

45. Hindering prosecution for terrorism pursuant to Section 13A-10-154.

46. Domestic violence III pursuant to subsection (d) of Section 13A-6-132.

47. Domestic violence by strangulation or suffocation pursuant to Section 13A-6-138.

48. Human trafficking I pursuant to Section 13A-6-152.

49. Human trafficking II pursuant to Section 13A-6-153.

50. Hindering prosecution in the first degree pursuant to Section 13A-10-43.

51. Any substantially similar offense for which an Alabama offender has been convicted under prior Alabama law or the law of any other state, the District of Columbia, the United States, or any of the territories of the United States.

b. The basis for defining these offenses as violent is that each offense meets at least one of the following criteria: 1. Has as an element, the use, attempted use, or threatened use of a deadly weapon or dangerous instrument or physical force against the person of another. 2. Involves a substantial risk of physical injury against the person of another. 3. Is a nonconsensual sex offense. 4. Is particularly reprehensible.

c. Any attempt, conspiracy, or solicitation to commit a violent offense shall be considered a violent offense for the purposes of this article.

d. Any criminal offense which meets the criteria provided in paragraph b. enacted after 2003. “

Ala. Code § 12-25-32 (1975)

The vast majority of the “violent offenses” provided in 12-25-32 (above) are felony offenses, not misdemeanor offenses. For example, if you were convicted of a misdemeanor Domestic Violence, 3rd degree – Harassment in Gulf Shores, Alabama, said misdemeanor is not listed as a “violent offense” under 12-25-32. Therefore, that conviction is eligible to petition for an expungement under the new Alabama Expungement law. Feel free to contact our Baldwin County, Alabama Expungement Law Office if you have specific questions about the eligibility of your case.

Misdemeanor Convictions of “sex offenses” are not eligible for Expungement in Gulf Shores, Alabama.

Next, subsection (b)(5) of Section 15-27-1 in the new 2021 Alabama Expungement Law

excludes from eligibility convictions of misdemeanors or violations defined as a “sex offenses” in Alabama Code Section 15-20A-5. Feel free to review 15-20A-5, Code of Alabama from an internet search to review the specific “sex offense” convictions that are not eligible for a Gulf Shores, Alabama Expungement. If your misdemeanor conviction was not a sex related offense, continue down the list of factors for eligibility.

Misdemeanor Convictions “involving moral turpitude” as provided in 17-3-30.1 are not eligible for Expungement in Gulf Shores, Alabama.

Next, subsection (b)(6) of Section 15-27-1 in the new 2021 Alabama Expungement Law - convictions of misdemeanors or violations “involving moral turpitude as provided in Section 17-3-30.1.” are not eligible for expungement in Gulf Shores, Alabama. The good news is essentially all the charges listed in 17-3-30.1 “involving moral turpitude” are not misdemeanors, they are felonies. Therefore, your misdemeanor conviction likely does not “involve moral turpitude” to make it ineligible under Alabama law. Below are the charges under Alabama law 17-3-30.1 that “involve moral turpitude”:

The following are crimes “involving moral turpitude” in Alabama Code Section 17-3-30.1:

“ (c) … (1) Murder as defined in the following sections: a. Subdivision (1) of subsection (a) of Section 13A-5-40. b. Subdivision (2) of subsection (a) of Section 13A-5-40. c. Subdivision (3) of subsection (a) of Section 13A-5-40. d. Subdivision (4) of subsection (a) of Section 13A-5-40. e. Subdivision (5) of subsection (a) of Section 13A-5-40. f. Subdivision (6) of subsection (a) of Section 13A-5-40. g. Subdivision (7) of subsection (a) of Section 13A-5-40. h. Subdivision (8) of subsection (a) of Section 13A-5-40. i. Subdivision (9) of subsection (a) of Section 13A-5-40. j. Subdivision (10) of subsection (a) of Section 13A-5-40. k. Subdivision (11) of subsection (a) of Section 13A-5-40. l. Subdivision (12) of subsection (a) of Section 13A-5-40. m. Subdivision (13) of subsection (a) of Section 13A-5-40. n. Subdivision (14) of subsection (a) of Section 13A-5-40. o. Subdivision (15) of subsection (a) of Section 13A-5-40. p. Subdivision (16) of subsection (a) of Section 13A-5-40. q. Subdivision (17) of subsection (a) of Section 13A-5-40. r. Subdivision (18) of subsection (a) of Section 13A-5-40. s. Subdivision (19) of subsection (a) of Section 13A-5-40. t. Section 13A-6-2.

(2) Manslaughter as defined in Section 13A-6-3.

(3) Assault as defined in Section 13A-6-20 [Assault, 1st Degree], except for subdivision (5) of subsection (a)[Assault, 1st Degree causing serious physical injury with a motor vehicle while intoxicated] of Section 13A-6-20, and Section 13A-6-21[Assault, 2nd Degree].

(4) Kidnapping in the first degree as defined in Section 13A-6-43.

(5) Kidnapping in the second degree as defined in Section 13A-6-44.

(6) Rape as defined in Sections 13A-6-61[Rape, 1st Degree] and 13A-6-62[Rape, 2nd Degree].

(7) Sodomy as defined in Sections 13A-6-63 and 13A-6-64.

(8) Sexual torture as defined in Section 13A-6-65.1.

(9) Sexual abuse as defined in Sections 13A-6-66, 13A-6-67, and 13A-6-69.1.

(10) Enticing a child to enter a vehicle for immoral purposes as defined in Section 13A-6-69.

(11) Facilitating solicitation of unlawful sexual conduct with a child as defined in Section 13A-6-121.

(12) Electronic solicitation of a child as defined in Section 13A-6-122.

(13) Facilitating the on-line solicitation of a child as defined in Section 13A-6-123.

(14) Traveling to meet a child for an unlawful sex act as defined in Section 13A-6-124. (15) Facilitating the travel of a child for an unlawful sex act as defined in Section 13A-6-125.

(16) Human trafficking as defined in Sections 13A-6-152 and 13A-6-153.

(17) Terrorism as defined in Section 13A-10-152.

(18) Soliciting or providing support for an act of terrorism as defined in Section 13A-10-153.

(19) Hindering prosecution of terrorism as defined in Section 13A-10-154.

(20) Endangering the water supply as defined in Section 13A-10-171.

(21) Possession, manufacture, transport, or distribution of a destructive device or bacteriological or biological weapon as defined in Section 13A-10-193.

(22) Selling, furnishing, giving away, delivering, or distribution of a destructive device, a bacteriological weapon, or biological weapon to a person who is less than 21 years of age as defined in Section 13A-10-194.

(23) Possession, manufacture, transport, or distribution of a detonator, explosive, poison, or hoax device as defined in Section 13A-10-195.

(24) Possession or distribution of a hoax device represented as a destructive device or weapon as defined in subsection (c) of Section 13A-10-196.

(25) Attempt to commit an explosives or destructive device or bacteriological or biological weapons crime as defined in Section 13A-10-197.

(26) Conspiracy to commit an explosives or destructive device or bacteriological or biological weapons crime as defined in Section 13A-10-198.

(27) Hindrance or obstruction during detection, disarming, or destruction of a destructive device or weapon as defined in Section 13A-10-199.

(28) Possession or distribution of a destructive device or weapon intended to cause injury or destruction as defined in Section 13A-10-200.

(29) Treason as defined in Section 13A-11-2.

(30) Dissemination or public display of obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts as defined in Section 13A-12-191.

(31) Possession and possession with intent to disseminate obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts as defined in Section 13A-12-192.

(32) Parents or guardians permitting children to engage in production of obscene matter as defined in Section 13A-12-196.

(33) Production of obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts as defined in Section 13A-12-197.

(34) Distribution, possession with intent to distribute, production of obscene material, or offer or agreement to distribute or produce , as defined in Section 13A-12-200.2.

(35) Trafficking in cannabis, cocaine, or other illegal drugs or trafficking in amphetamine and methamphetamine as defined in Section 13A-12-231.

(36) Bigamy as defined in Section 13A-13-1.

(37) Incest as defined in Section 13A-13-3.

(38) Torture or other willful maltreatment of a child under the age of 18 as defined in Section 26-15-3.

(39) Aggravated child abuse as defined in Section 26-15-3.1.

(40) Prohibited acts in the offer, sale, or purchase of securities as defined in Section 8-6-17.

(41) Burglary as defined in Sections 13A-7-5 and 13A-7-6.

(42) Aggravated theft by deception as defined in Section 13A-8-2.1.

(43) Theft of property as defined in Sections 13A-8-3 and 13A-8-4.

(44) Theft of lost property as defined in Sections 13A-8-7 and 13A-8-8.

(45) Theft of trademarks or trade secrets as defined in Section 13A-8-10.4.

(46) Robbery as defined in Sections 13A-8-41, 13A-8-42, and 13A-8-43.

(47) Forgery as defined in Sections 13A-9-2 and 13A-9-3.

(48) Any crime as defined by the laws of the United States or by the laws of another state, territory, country, or other jurisdiction, which, if committed in this state, would constitute one of the offenses listed in this subsection.

Some Prior Felony Convictions that were reclassified to Misdemeanors under Alabama Act 2015-185 may now be eligible for Expungement in Gulf Shores, Alabama.

Further, for misdemeanor conviction expungement eligibility in Gulf Shores, Alabama, the subsection (b)(6) exclusion “… does not apply if the crime the person was convicted of was classified as a felony at the time of the conviction, but has been reclassified as a misdemeanor, pursuant to Act 2015-185, and the person has not been arrested for any offense, excluding minor traffic violations, 15 years prior to the filing of the petition for expungement.” Section 15-27-1(b)(6). Specifically, under Act 2015-185, SB67, the following crimes that were previously felonies in Alabama and were reclassified as misdemeanors include the following:

Section 13A-8-5 Theft of property in the fourth degree. Class A Misdemeanor

Section 13A-8-9 Theft of lost property in the fourth degree. Class A Misdemeanor

Section 13A-8-10.3 Theft of services in the fourth degree. Class A Misdemeanor

Section 13A-8-19 Receiving stolen property in the fourth degree. Class A Misdemeanor

Section 13A-9-4 Forgery in the fourth degree. Class A Misdemeanor

Section 13A-9-7 Criminal possession of forged instrument in the fourth degree. Class A Misdemeanor

Prior to Act 2015-185, the above charges were classified as “Third Degree” Class C Felony charges. Therefore if prior to Act 2015-185 becoming law you were charged and convicted of any of the above crimes in the “Third Degree” as a felony, that crime has been reclassified as a misdemeanor and may be eligible to petition for an expungement Gulf Shores, Alabama under the 2021 Alabama Expungement Law, if the other criterion of this statute is met.

Convictions of “Serious Traffic Offenses” are not eligible for an Expungement in Gulf Shores, Alabama

Next, subsection (b)(7) of Section 15-27-1 in the new 2021 Alabama Expungement Law - convictions of misdemeanors or violations classified as “serious traffic offense”, as provided in Article 9 of Chapter 5A of Title 32 of the Code of Alabama are not eligible for expungement. The following are “serious traffic offenses” as defined under Alabama law:

Section 32-5A-190 - Reckless driving

Section 32-5A-190.1 - Homicide by vehicle

Section 32-5A-191 - Driving while under influence [DUI] of alcohol, controlled substances, etc.

Therefore, DUI, Reckless Driving, and Homicide by Vehicle convictions in Gulf Shores, Alabama are not eligible for expungement under the expanded Alabama Expungement law. However, keep in mind in this blog post we are only detailing what misdemeanor / violation convictions are eligible for expungement. If you previously had any misdemeanor or violation charge that resulted in some form of a non-conviction (dismissed, nolle prossed, found not guilty, etc.) that charge and arrest record can be eligible for expungement in Gulf Shores, Alabama no matter the charge.

Our Gulf Shores, Alabama Expungement Lawyer, Jordan M. Copeland is an experienced Baldwin County Expungement Lawyer that has represented many, many clients in Petitions for Expungement since Alabama passed the first expungement law in 2014. Gulf Shores, Alabama Expungement Lawyer, Jordan M. Copeland is experienced in drafting strong, persuasive Petitions for Expungement custom to each client bolstering the positive details with the grounds for and reasons why each client should be granted an expungement by the Circuit Court.

Gulf Shores, Alabama Expungement Lawyer, Jordan M. Copeland has an excellent reputation as an experienced expungement lawyer with 5 Star Google and Avvo Rankings based on former client reviews. Many Baldwin County criminal defense lawyers refer their former clients to Gulf Shores, Alabama Expungement Lawyer, Jordan M. Copeland to represent them in the petition for expungement process.

Gulf Shores, Alabama Expungement Lawyer, Jordan M. Copeland has an excellent reputation in representing career focused individuals pursuing expungements of prior cases to assist people achieve their career goals with a clear criminal background report to the extent of Alabama’s Expungement Law. Many of our former Gulf Shores, Alabama expungement clients are licensed professionals in their field of medical, legal, finance, real estate, education, accounting, among other professionals.

If you have a prior misdemeanor conviction or non-conviction in Gulf Shores, Alabama that you believe may be eligible for an expungement, feel free to email or call our law office to discuss you case eligibility further. We will give you a flat attorney’s fee quote for representation in writing before our representation begins. A strong principle of Gulf Shores, Alabama Expungement Lawyer, Jordan M. Copeland is client communication. Our law office will keep you updated with the status of your expungement case every step of the way via: email, phone, text, and/or U.S. Mail. Feel free to contact our law office for more details. Email: Jordan@OrangeBeachLawyer.com or call (251) 545-3637.

New 2021 Baldwin County, Alabama Expungement Law - Felony Charges

Sat, 19 Jun 2021 15:07:20 GMT

New 2021 Baldwin County Expungement Law

The Alabama Legislature has recently passed a new Expungement Law applicable to Baldwin County and all other counties in Alabama. Governor Ivey signed the Bill (SB117) into law on April 25, 2021. Per the Bill, the law will become effective in Alabama on July 1st, 2021. The new Alabama Expungement Law for 2021 is referred to as the “Record Expungement Designed to Enhance Employment and Eliminate Recidivism (REDEEMER) Act. It is an expansion of the prior Alabama Expungement law.

2021 Baldwin County, Alabama Expungement Law Includes All Felony Non-Convictions and Certain Felony Convictions

In this blog post our experienced, Baldwin County, Alabama Expungement Lawyer, Jordan M. Copeland will detail the sections of the expanded, 2021 Baldwin County, Alabama Expungement Law that specifically relates to felony cases. We will detail which Baldwin County, Alabama felony charges and convictions may now be eligible to petition for an expungement in the Circuit Court of Baldwin County, Alabama. We will also provide you with qualification and procedural changes in the new Baldwin County, Alabama Expungement Law for 2021.

First, felony case eligibility for expungement was expanded in Section 15-27-2 of the Code of Alabama with the 2021 Alabama Expungement Law applicable to Baldwin County. Subsection (a) which provides that any felony offense that resulted in a non-conviction may now be eligible for expungement (if other criteria of the expungement law is met). This is a substantial expansion from the prior Alabama Expungement law. Under the prior law, the only instance where a “violent” (per statutory definition) felony charge was eligible for expungement were cases where there was a finding of “not guilty” (meaning the case had to go to trial and a bench or jury verdict of “not guilty” was rendered).

All Felony Non-Convictions in Baldwin County, Alabama May Now be Eligible for Expungement

Now, under the 2021 Alabama Expungement Law, Section 15-27-2(a), in Baldwin County essentially any form of a non-conviction may make a violent or non-violent felony charge eligible for expungement. See: Section 15-27-2(a):

“A person who has been charged with any felony offense may file a petition in the criminal division of the circuit court in the county in which the charges were filed, to expunge records relating to the charge in any of the following circumstances:

"(1) When the charge is dismissed with prejudice and more than 90 days have passed.

"(2) When the charge has been no billed by a grand jury and more than 90 days have passed.

"(3) When the person has been found not guilty of the charge and more than 90 days have passed. "(4) When the charge has been nolle prossed without conditions, and more than 90 days have passed, and the charge or charges have not been refiled.

"(5) When the indictment has been quashed and the statute of limitations for refiling the charge or charges has expired or the prosecuting agency confirms that the charge or charges will not be refiled.

“(6) a. When the charge was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran's court, or any court-approved deferred prosecution program.

"b. Expungement may be a court-ordered condition of a program listed in paragraph a.

"c. A petition for expungement may be filed one year from the date of the successful completion of a program listed in paragraph a.

“(7) When the charge was dismissed without prejudice more than five years ago, has not been refiled, and the person has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations, during the previous five years. “(8) When the person proves by a preponderance of the evidence that the person is a victim of human trafficking, that the person committed the felony offense during the period the person was being trafficked, and that the person would not have committed the felony offense but for being trafficked. Evidence that a person is a victim of human trafficking may include, but is not limited to, evidence that the person's trafficker was convicted of trafficking the person under Section 13A-6-152 or Section 13A-6-153.” (emphasis added in bold).

Therefore, under the 2021 Alabama Expungement Law if you have had a prior felony charge (any felony charge) in Baldwin County that resulted in some form of a non-conviction as listed above, that charge would now be eligible to retain our law firm to petition for an expungement with the Circuit Court of Baldwin County (when the applicable time periods stated above have passed). Our law firm has met with and spoken to many potential clients over the years that were previously not eligible to petition to expunge their prior violent felony charge because it was dismissed, nolle prossed, or no billed. Now those cases are eligible under the 2021 Alabama Expungement law.

Certain Felony Convictions in Baldwin County, Alabama that Meet Seven Factors May Now be Eligible for Expungement

Next, another substantial expansion of eligible cases in the 2021 Alabama Expungement law for Baldwin County includes some types of felony convictions that have been fully pardoned by the Alabama Bureau (aka Board) of Pardons & Paroles (“ABPP”). See the relevant portion of the new law below:

"(c) A person who has been convicted of a felony offense may file a petition in the criminal division of the circuit court in the county in which the charges were filed to expunge records relating to the charge and the conviction if all of the following occur:

"(1) The person has been granted a certificate of pardon with restoration of civil and political rights for the conviction from the Board of Pardons and Paroles.

"(2) All civil and political rights that were forfeited as a result of the conviction have been restored. "

(3) One hundred eighty [180] days have passed from the date of the issuance of the certification of pardon.

"(4) Except as provided in subsection (b), the conviction is not a violent offense, as provided in Section 12-25-32.20

"(5) The conviction is not a sex offense, as provided in Section 15-20A-5.

"(6) The conviction is not an offense involving moral turpitude, as provided in Section 17-3-30.1. This subdivision does not apply if the crime the person was convicted of was classified as a felony at the time of the conviction, but has been reclassified as a misdemeanor, pursuant to Act 2015-185, and the person has not been arrested for any offense, excluding minor traffic violations, 15 years prior to the filing of the petition for expungement.

"(7) The conviction is not a serious traffic offense, as provided in Article 9 of Chapter 5A of Title 32.” Section 15-27-2(c), Code of Alabama.

Our Baldwin County, Alabama Expungement Law Office has researched and cross-referenced the other statutory sections that are referenced in the above section relative to eligible felony convictions. In more detail below are the felony convictions that are now eligible for expungement in Baldwin County, Alabama. First, you must meet all seven (7) requirements quoted above for a felony conviction to be eligible for expungement.

Some Alabama Felony Convictions that were Fully Pardoned by the ABPP May Now Be Eligible for Expungement

Factors 1 and 2 (quoted above) under Section 15-27-2(c), Code of Alabama provide that you must first receive a full, unrestricted pardon with restoration of ALL political and civil rights from the ABPP. These rights include the right to vote, right to own/possession a firearm/ammunition, right to hold public office, and right to sit on a jury. If the ABPP has only granted you a “limited pardon” i.e., a pardon with a restriction on the restoration of your firearm rights, then you will need to first reapply after two years for another full pardon with the ABPP. Factor 3 under Section 15-27-2(c), Code of Alabama as quoted above provides that One Hundred Eighty (180) days must have passed from the issuance of your Certificate of Full Pardon.

Violent Felony Convictions in Baldwin County, Alabama that were Fully Pardoned are Not Eligible for Expungement

Factor 4, under Section 15-27-2(c), Code of Alabama, as quoted above, provides that your felony conviction must not be a “violent offense”, as provided in Section 12-25-32. The list of “violent offenses” according to Alabama Code Section 12-25-32 are the following:

1. Capital murder pursuant to Sections 13A-6-2 and 13A-5-40.

2. Murder pursuant to Section 13A-6-2.

3. Manslaughter pursuant to Section 13A-6-3.

4. Criminally negligent homicide pursuant to Section 13A-6-4.

5. Assault I pursuant to Section 13A-6-20.

6. Assault II pursuant to Section 13A-6-21.

7. Compelling street gang membership pursuant to Section 13A-6-26.

8. Kidnapping I pursuant to Section 13A-6-43.

9. Kidnapping II pursuant to Section 13A-6-44.

10. Rape I pursuant to Section 13A-6-61.

11. Rape II pursuant to Section 13A-6-62.

12. Sodomy I pursuant to Section 13A-6-63.

13. Sodomy II pursuant to Section 13A-6-64.

14. Sexual torture pursuant to Section 13A-6-65.l.

15. Sexual abuse I pursuant to Section 13A-6-66.

16. Enticing a child to enter a vehicle for immoral purposes pursuant to Section 13A-6-69.

17. Stalking pursuant to Section 13A-6-90.

18. Aggravated stalking pursuant to Section 13A-6-91.

19. Soliciting a child by computer pursuant to Section 13A-6-110.

20. Domestic violence I pursuant to Section 13A-6-130.

21. Domestic violence II pursuant to Section 13A-6-131.

22. Burglary I pursuant to Section 13A-7-5.

23. Burglary II pursuant to Section 13A-7-6.

24. Burglary III pursuant to subdivision (1) or subdivision (2) of subsection (a) of Section 13A-7-7.

25. Arson I pursuant to Section 13A-7-41.

26. Criminal possession of explosives pursuant to Section 13A-7-44.

27. Extortion I pursuant to Section 13A-8-14.

28. Robbery I pursuant to Section 13A-8-41.

29. Robbery II pursuant to Section 13A-8-42.

30. Robbery III pursuant to Section 13A-8-43.

31. Pharmacy robbery pursuant to Section 13A-8-51.

32. Terrorist threats pursuant to Section 13A-10-15.

33. Escape I pursuant to Section 13A-10-31.

34. Promoting prison contraband I pursuant to Section 13A-10-36, involving a deadly weapon or dangerous instrument.

35. Intimidating a witness pursuant to Section 13A-10-123.

36. Intimidating a juror pursuant to Section 13A-10-127.

37. Treason pursuant to Section 13A-11-2.

38. Discharging a weapon into an occupied building, dwelling, automobile, etc., pursuant to Section 13A-11-61.

39. Promoting prostitution I pursuant to Section 13A-12-111.

40. Production of obscene matter involving a minor pursuant to Section 13A-12-197.

41. Trafficking pursuant to Section 13A-12-231.

42. Child abuse pursuant to Section 26-15-3.

43. Elder abuse pursuant to Section 38-9-7.

44. Terrorism pursuant to Section 13A-10-152.

45. Hindering prosecution for terrorism pursuant to Section 13A-10-154.

46. Domestic violence III pursuant to subsection (d) of Section 13A-6-132.

47. Domestic violence by strangulation or suffocation pursuant to Section 13A-6-138.

48. Human trafficking I pursuant to Section 13A-6-152.

49. Human trafficking II pursuant to Section 13A-6-153.

50. Hindering prosecution in the first degree pursuant to Section 13A-10-43.

c. Any attempt, conspiracy, or solicitation to commit a violent offense shall be considered a violent offense for the purposes of this article.

d. Any criminal offense which meets the criteria provided in paragraph b. enacted after 2003. “ Ala. Code § 12-25-32 (1975)

Again, if your prior felony charge in Baldwin County, Alabama was a conviction and it is on the list above, then it is not eligible for expungement (even if it has been fully pardoned). (Except under subsection (b) there is a very limited exception for certain violent crimes committed by victims of human trafficking while being trafficked and proven by a preponderance of the evidence in court).

Baldwin County, Alabama Felony Sex Offense Convictions that were Fully Pardoned in Alabama are NOT Eligible for Expungement

Number 5, (still under the seven eligibility requirements for a felony conviction to be eligible for expungement under Section 15-27-2(c), Code of Alabama, as quoted above), the felony conviction may not be a “sex offense” in Alabama Code Section 15-20A-5 are not eligible for expungement. These charges include:

“(1) Rape in the first degree, as provided by Section 13A-6-61.

(2) Rape in the second degree, as provided by Section 13A-6-62. A juvenile sex offender adjudicated delinquent of a violation of rape in the second degree is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.

(3) Sodomy in the first degree, as provided by Section 13A-6-63.

(4) Sodomy in the second degree, as provided by Section 13A-6-64. A juvenile sex offender adjudicated delinquent of a violation of sodomy in the second degree is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.

(5) Sexual misconduct, as provided by Section 13A-6-65, provided that on a first conviction or adjudication the sex offender is only subject to registration and verification pursuant to this chapter. On a second or subsequent conviction or adjudication of a sex offense, if the second or subsequent conviction or adjudication does not arise out of the same set of facts and circumstances as the first conviction or adjudication of a sex offense, the sex offender shall comply with all requirements of this chapter. A juvenile sex offender adjudicated delinquent of a violation of sexual misconduct is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.

(6) Sexual torture, as provided by Section 13A-6-65.1.

(7) Sexual abuse in the first degree, as provided by Section 13A-6-66.

(8) Sexual abuse in the second degree, as provided by Section 13A-6-67.

(9) Indecent exposure, as provided by Section 13A-6-68, provided that on a first conviction or adjudication of a sex offense, the sex offender is only subject to registration and verification pursuant to this chapter. On a second or subsequent conviction or adjudication of a sex offense, if the second or subsequent conviction or adjudication does not arise out of the same set of facts and circumstances as the first conviction or adjudication, the sex offender shall comply with all requirements of this chapter. A juvenile sex offender adjudicated of a violation of indecent exposure is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.

(10) Enticing a child to enter a vehicle, room, house, office, or other place for immoral purposes, as provided by Section 13A-6-69.

(11) Sexual abuse of a child less than 12 years old, as provided by Section 13A-6-69.1.

(12) Promoting prostitution in the first degree, as provided by Section 13A-12-111.

(13) Promoting prostitution in the second degree, as provided by Section 13A-12-112.

(14) Violation of the Alabama Child Pornography Act, as provided by Section 13A-12-191, 13A-12-192, 13A-12-196, or 13A-12-197. A juvenile sex offender adjudicated delinquent of a violation of the Alabama Child Pornography Act is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.

(15) Unlawful imprisonment in the first degree, as provided by Section 13A-6-41, if the victim of the offense is a minor, and the record of adjudication or conviction reflects the intent of the unlawful imprisonment was to abuse the minor sexually.

(16) Unlawful imprisonment in the second degree, as provided by Section 13A-6-42, if the victim of the offense is a minor, and the record of adjudication or conviction reflects the intent of the unlawful imprisonment was to abuse the minor sexually.

(17) Kidnapping in the first degree, as provided by subdivision (4) of subsection (a) of Section 13A-6-43, if the intent of the abduction is to violate or abuse the victim sexually.

(18) Kidnapping of a minor, except by a parent, guardian, or custodian, as provided by Section 13A-6-43 or 13A-6-44.

(19) Incest, as provided by Section 13A-13-3.

(20) Transmitting obscene material to a child by computer, as provided by Section 13A-6-111.

(21) School employee engaging in a sex act or deviant sexual intercourse with a student, or having sexual contact or soliciting a sex act or sexual contact with a student, as provided by Sections 13A-6-81 and 13A-6-82.

(22) Foster parent engaging in a sex act, having sexual contact, or soliciting a sex act or sexual contact with a foster child, as provided by Section 13A-6-71.

(23) Facilitating solicitation of unlawful sexual conduct with a child, as provided by Section 13A-6-121.

(24) Electronic solicitation of a child, as provided by Section 13A-6-122.

(25) Facilitating the on-line solicitation of a child, as provided by Section 13A-6-123.

(26) Traveling to meet a child for an unlawful sex act, as provided by Section 13A-6-124.

(27) Facilitating the travel of a child for an unlawful sex act, as provided by Section 13A-6-125.

(28) Human trafficking in the first degree, as provided by Section 13A-6-152, provided that the offense involves sexual servitude.

(29) Human trafficking in the second degree, as provided by Section 13A-6-153, provided that the offense involves sexual servitude.

(30) Custodial sexual misconduct, as provided by Section 14-11-31.

(31) Sexual extortion, as provided by Section 13A-6-241.

(32) Directing a child to engage in a sex act, as provided in Section 13A-6-243.

(33) Any offense which is the same as or equivalent to any offense set forth above as the same existed and was defined under the laws of this state existing at the time of such conviction, specifically including, but not limited to, crime against nature, as provided by Section 13-1-110; rape, as provided by Sections 13-1-130 and 13-1-131; carnal knowledge of a woman or girl, as provided by Sections 13-1-132 through 13-1-135, or attempting to do so, as provided by Section 13-1-136; indecent molestation of children, as defined and provided by Section 13-1-113; indecent exposure, as provided by Section 13-1-111; incest, as provided by Section 13-8-3; offenses relative to obscene prints and literature, as provided by Sections 13-7-160 through 13-7-175, inclusive; employing, harboring, procuring or using a girl over 10 and under 18 years of age for the purpose of prostitution or sexual intercourse, as provided by Section 13-7-1; seduction, as defined and provided by Section 13-1-112; a male person peeping into a room occupied by a female, as provided by Section 13-6-6; assault with intent to ravish, as provided by Section 13-1-46; and soliciting a child by computer, as provided by Section 13A-6-110.

(34) Any solicitation, attempt, or conspiracy to commit any of the offenses listed in subdivisions (1) to (33), inclusive.

(35) Any crime committed in Alabama or any other state, the District of Columbia, any United States territory, or a federal, military, Indian, or foreign country jurisdiction which, if it had been committed in this state under the current provisions of law, would constitute an offense listed in subdivisions (1) to (34), inclusive.

(36) Any offense specified by Title I of the federal Adam Walsh Child Protection and Safety Act of 2006 (Pub. L. 109-248, the Sex Offender Registration and Notification Act (SORNA)).

(37) Any crime committed in another state, the District of Columbia, any United States territory, or a federal, military, Indian, or foreign country jurisdiction if that jurisdiction also requires that anyone convicted of that crime register as a sex offender in that jurisdiction.

(38) Any offender determined in any jurisdiction to be a sex offender shall be considered a sex offender in this state.

(39) The foregoing notwithstanding, any crime committed in any jurisdiction which irrespective of the specific description or statutory elements thereof, is in any way characterized or known as rape, carnal knowledge, sodomy, sexual assault, sexual battery, criminal sexual conduct, criminal sexual contact, sexual abuse, continuous sexual abuse, sexual torture, solicitation of a child, enticing or luring a child, child pornography, lewd and lascivious conduct, taking indecent liberties with a child, molestation of a child, criminal sexual misconduct, video voyeurism, or there has been a finding of sexual motivation.

(40) Any crime not listed in this section wherein the underlying felony is an element of the offense and listed in subdivisions (1) to (39), inclusive.

(41) Any other offense not provided for in this section wherein there is a finding of sexual motivation as provided by Section 15-20A-6.”

Ala. Code § 15-20A-5 (1975)

Again, the above list consists of “sex offenses” under Alabama law and convictions of these offenses are not eligible for expungement in Baldwin or any other county under the 2021 Alabama Expungement law.

Baldwin County, Alabama Felony Convictions for Crimes “Involving Moral Turpitude in Section 17-3-30.1” that have been Fully Pardoned are NOT Eligible for Expungement (with a few exceptions below)

Next, Number 6, as quoted above under Section 15-27-2(c), Code of Alabama, convictions of felonies “involving moral turpitude as provided in Section 17-3-30.1.” in Baldwin or any county in Alabama are not eligible for expungement (even if it has been fully pardoned). The following are the crimes “involving moral turpitude” in Section 17-3-30.1: