How To Get A Pardon In Alabama?

How To Get A Pardon In Alabama
You have the ability to submit a request for a pardon by filling out the PARDON APPLICATION, which can be found by clicking HERE, as well as the WAIVER OF LIABILITY AND AUTHORITY FOR RELEASE OF INFORMATION, which can be found by clicking HERE, and sending them to [email protected] via mail or email.

Can a felon get their gun rights back in Alabama?

The impact that having a felony conviction removed has on a person’s eligibility to own a handgun is one of the most frequent concerns brought to my attention. The response is not as straightforward as it would appear at first look; there is more nuance involved.

  • Within the confines of our state, the Alabama Board of Pardons and Paroles is vested with the power to grant pardons and reinstate “civil rights.” The right to vote, the right to hold public office, and, of course, the right to possess a handgun are all included in this category of rights.
  • When a person is found guilty of committing a crime, they immediately and irrevocably lose the privileges that were outlined above.

The only way for these rights to be reinstated is for the individual’s conviction to be overturned (via post-conviction remedy, which will be discussed in a subsequent post on this blog), or for the rights to be reinstated by the Parole Board. It is of the utmost importance for a person seeking a pardon to make it crystal obvious and unmistakable in their initial petition that they want their civil rights restored if they are granted the pardon.

  1. We have successfully obtained relief from conviction and restoration of civil rights for many of our clients at Skier & Associates, where we have represented scores of persons in pardon requests.
  2. In addition, we have been successful in securing relief for our clients.
  3. However, the Board’s golden rule is that “if you don’t ask for it, you don’t get it.” If you don’t ask for it, you won’t get it.

Call our office as soon as possible to schedule a consultation if you have been stripped of your civil rights as a consequence of a criminal conviction. Mr. Skier will be more than delighted to provide a comprehensive explanation of what you may anticipate when going through the process of obtaining a pardon, provide guidance that will increase your chances of success in front of the board, and make you feel more at ease with the procedure as a whole.

Does a pardon clear your record?

What Effect Does the Pardon Have? A pardon does not prove that the individual who was convicted of the crime is innocent. In most cases, a pardon will not result in the dismissal of a conviction. However, in most cases they will reinstate any civil rights that were taken away as a result of the conviction.

Therefore, in most cases, pardons will restore: The privilege or right to vote the right to serve on a jury, the right to bear guns, and the ability to seek for public office and keep that position are all fundamental rights. If the conviction that was pardoned is considered a deportable offense, receiving a pardon might protect the individual from being deported.

A civil penalty that may be imposed as a result of the offense will not be altered in any way by a pardon. Therefore, even an individual who is granted clemency for murder may still be vulnerable to legal action for the wrongful death of another person.

How do I get my civil rights restored in Alabama?

This website contains information regarding the process of restoring voting rights; nevertheless, the material should not be considered a substitute for legal counsel. You may be entitled to have your voting privileges restored if you have been convicted of a felony that involves moral turpitude but not of a conviction that disqualifies you from voting.

You are need to have the following characteristics: Have no pending charges for a criminal offense Have made complete payments on any penalties, court expenses, and fees, as well as any restitution that was required at the time of sentencing for instances that disqualify you (post-conviction fees are not included) have either finished serving their whole term, are currently on probation or parole, or have been pardoned.

You can submit an application by contacting the local state Probation and Parole office in the county where the applicant lives, or you can submit an application by contacting the main office of the Board of Pardons and Paroles by phone, mail, email, or in person.

Both of these options are available. Phone: (334) 353-7771 or (334) 353-8067 Fax: (334) 353-9400 Email: [email protected] Address: The Alabama Board of Pardons and Paroles PO Box 302405 Montgomery, AL 36130 Phone: (334) 353-7771 or (334) 353-8067 Following the receipt of your application, the Board will have a discovery period of 30 days and a response window of 14 days; hence, you should get a response within 45 days at the absolute most.

A voter right restoration certificate will be granted if the results of the investigation meet the requirements set out by the Board of Pardons and Paroles and the Board finds in favor of the applicant. After having your voting rights reinstated, you will still need to register to vote by visiting the registrar’s office in your community or registering online at alabamavotes.gov.

How do you get granted for parole in Alabama?

A prisoner who meets the criteria for parole may be released from custody by the Board, but only after the conviction has been entered. Until the offender has served one third of his sentence or 10 years, whichever comes first, an affirmative vote from the Board only needs a simple majority in order to legitimately award parole on any case, with the exception of victim cases, which call for a unanimous vote of approval.

How long do you have to wait to get a pardon in Alabama?

In order to be eligible for a pardon or remission, an applicant must either have finished serving their sentence in full or have successfully completed at least three years of parole for the term for which they are seeking a pardon.

How long does it take for a pardon in Alabama?

The Second Phase and Request for Expedited Pardon Hearings in the State of Alabama – After that, if you choose to have our Alabama Pardon Law Firm represent you throughout the procedure of applying for an Alabama pardon, we will go on to what we refer to as the second part of the process.

This includes a written Statement from each client to the ABPP, in addition to the individualized Pardon Support Packets that we put together for each customer. In addition, if we believe that the circumstances of the case support our request for an expedited hearing, we will compile and submit a formal request to the ABPP in order to make this happen.

The great majority of our previous pardon application clients who were granted accelerated Alabama Pardon Hearings did so on the grounds of a serious and imminent career related cause (or reasons), when time was of the importance. If the ABPP believes that the reasons for the accelerated hearing are sufficient at this stage, then they will be able to schedule the hearing considerably sooner than they would have been able to if the case had not been expedited.

  1. For instance, based on the current wait periods, a pardon application that is not expedited may take anywhere from five to six years or even longer to reach a hearing, depending on the county in which it was submitted.
  2. On the other hand, if a case is fast-tracked for a hearing, the process may be completed in as little as twelve to twenty-four months, depending on a variety of conditions, according to our previous experiences.

A recent case in which our Alabama Pardon Law Firm represented a client resulted in the ABPP granting our Request for an Expedited Hearing. The total processing time for this client’s pardon application was approximately 13 months, from the time it was submitted until the ABPP decided to grant him a full pardon.

See also:  When Is Alabama Pro Day?

How do I get a pardon to enter the US?

Once I have been granted a U.S. Go Waiver, am I allowed to travel to any part of the country? If you have been granted a U.S. Travel Waiver, you are free to travel to any part of the United States. Florida, California, the state of Washington (specifically Seattle), New York City, and Hawaii are among the most frequented travel destinations for travelers from Canada.

How do I write a letter asking for a pardon?

Information Regarding This Article – Summary of the Article X It is possible that the requirements for a support letter for a pardon application will differ depending on where you are; but, in general, your goal should be to present examples of the person’s behavior to back up their desire for a pardon.

  • First, make sure that you send your letter to the appropriate person or body that is evaluating the matter, such as the pardon board for your state.
  • In the opening paragraph of your response, you should introduce yourself and describe your connection to the individual who is asking the pardon.
  • In addition to this, you must make it perfectly apparent that you are aware of the offense that they have done.

Give specific instances to back up the reasons the individual is pleading for clemency in the main body of your letter. You may, for instance, bring up their accomplishments at work if they are trying to get a pardon so that they can get a job. This would make it easy for them to do so.

  1. After you have finished printing out your letter, you should finish it by printing your name and signing it.
  2. When you have finished writing the letter, deliver it to the individual who is asking the pardon or their attorney so that they may include it with the other evidence that is required.
  3. Continue reading for advice on what not to do when drafting a pardon letter from our co-author who specializes in legal matters.

Did you find this overview to be helpful? Many thanks to all of you for writing such a wonderful article that has been read 176,865 times!

What crimes can a governor pardon?

This authority to issue reprieves, commutations, and pardons shall extend to cover offenses committed when the offender was a minor. reprieves, commutations, and pardons after convictions for any crime, with the exception of impeachment cases, on such terms and limits as he may order, according to the processes and rules specified by law.

Can a convicted felon own a gun after 10 years in Alabama?

Crime of Possession of a Firearm by a Convicted Offender in Alabama In comparison to the majority of other states, the regulations governing firearms in the state of Alabama are rather lenient. Having said that, the law places restrictions on the possession of guns by some people, and they are not exempt from such restrictions.

A felony conviction is one of the things that can prevent you from having access to firearms in certain circumstances. There are a lot of persons who are in possession of weapons despite the fact that they have specific felony convictions on their records. However, this is not a good decision because if you are discovered by the police, you might be arrested and charged with unauthorized possession of a firearm.

If you choose to go this route, however, you run the risk of facing both of these consequences. In the event that this occurs, the first person you should contact is a criminal defense attorney in Montgomery who specializes in cases involving illegal possession of firearms.

Possible Consequences of Being Convicted of Being a Felon in Possession of a Firearm Persons convicted of felony charges in Alabama are prohibited by federal law from possessing firearms because this prohibition applies to people convicted of any crime that carries a sentence of one year in jail or more.

Any person convicted of a serious offense in Alabama is not allowed to own a firearm under the state’s statute. This indicates that not all felonies will automatically ban a person from carrying a handgun in accordance with state law (though you would still be prohibited under federal law).

  1. It is imperative that you do all in your power to stay out of jail, regardless of whether you are facing charges in state or federal court.
  2. This is due to the fact that a conviction can result in hefty penalties in addition to a possible state jail sentence of up to five years or a federal prison sentence of up to 10 years for a first offense.

It’s possible that there are defenses you can use. As a person who has been accused of committing a crime, it is essential to keep in mind that the mere fact that the police have accused you of anything does not necessarily indicate that you will be found guilty of the crime.

There is a possibility that you have access to defenses that might result in the court dismissing your case in certain circumstances. The following are examples of some of the more typical defenses that may be used in the event that a convicted criminal is found to be in possession of a firearm: Violations of the Fourth Amendment: If the police violated your rights under the Fourth Amendment when they discovered the firearm, you may have the ability to have the case against you dismissed or dropped.

Protection of oneself or protection of others In situations in which you came into possession of a handgun in order to protect yourself or others from immediate danger, you might be able to use the right to self-defense as a defense against the accusations that have been made against you.

Justification In some circumstances, you may be able to successfully establish that the unauthorized possession of a handgun on your part was justified in order to stop more harm from occurring. You did not in fact possess the firearm in the sense that the law requires it. In certain instances, what the police deem to be “possession” is not truly possession in the sense that the law requires it to be understood.

It may be in your best interest to negotiate a plea deal with the prosecutor who is handling your case. This may be the most effective course of action you can take. A defense attorney who regularly represents people who are accused of committing crimes will be able to tell you whether or not a plea agreement is a good idea in your case, and if it is, they will be able to negotiate one with the prosecutor on your behalf if you decide that you want to go that route.

  1. Have an immediate consultation with a Montgomery firearm offenses defense attorney.
  2. If the police have charged you of illegally having a firearm, you should contact an expert attorney as quickly as you can after being suspected of this crime.
  3. At Luck Law, LLC, we work diligently to defend the legal interests of our clients and will do all in our power to ensure that your legal matter is addressed as expeditiously and favorably as is humanly feasible.

To book a consultation with an attorney right away, please get in touch with us via our website or give us a call at 334-262-5455.

How do I expunge my criminal record in Alabama?

Individuals in Alabama who have successfully petitioned the court in which the relevant charge was initially filed are now authorized by a recently passed law to petition to have certain criminal records expunged upon payment of a fee of $300, in addition to any court costs, and subsequent to the successful completion of the petition.

How much time do you serve on a life sentence in Alabama?

A life sentence in Alabama might include a minimum of 10 years and a maximum of 99 years. Depending on the type of crime that was done, a life sentence in Alabama might refer to a wide range of different things. For anyone convicted of a felony for the first time in Alabama, the minimum sentence for a class A felony is 15 years in prison (this is extended to 20 years if the crime involves a gun or deadly weapon).

  1. This implies that for first-time offenders, the minimum sentence for a Class A Felony that carries the possibility of life in prison is often between 15 and 20 years.
  2. The minimum term for a second-time felony offender who has already been sentenced is often increased to the level of the next higher criminal class.
See also:  How To Watch Alabama Auburn Game?

This means that a crime of class C will be charged as a felony of class B, and a felony of class B will be charged as a felony of class A. If they are found guilty of committing a Class A felony, the minimum sentence they must serve is 15 years in jail and the maximum sentence they may get is life in prison.

Ala. Code Section 13A-5-9(a)). Within this range, the least amount of time a person must serve for a Class C felony is ten years, with the maximum possible sentence being life in prison. The following life sentences are applicable to criminals who have been convicted of committing a felony for the third time in their lifetime: Class A: If the prior conviction was for a Class A felony, the individual who was convicted would get a sentence of life in prison without the possibility of release if they had a Class A felony as their most recent conviction.

If the past convictions were for Class B or C felonies, the court would have the choice to either sentence the defendant to life in prison or life without the possibility of parole, depending on the severity of the crimes. Class B: Life in prison or a sentence of at least 20 years in minimum custody.

Class C: Life imprisonment or a minimum term of 15 years A person who is guilty of a crime can be sentenced to a determinate period that runs from 10 to 99 years, or they can be sentenced to life in prison without the chance of release. Alabama has one of the broadest sentencing spectrums in the country.

The death penalty is also in effect in the state of Alabama.

What is Alabama good time law?

HUNTSVILLE, Ala. (WAFF) – The Sergeant Nick Risner Act and a legislation mandating public schools to offer designated changing facilities for pupils according on the sex on their birth certificates are just two of the 63 new laws that went into effect in Alabama on Friday.

  1. Prisoners who have used a lethal weapon in the commission of a homicide are not eligible for early release under Alabama’s Good Time Law as a result of the Nick Risner Act.
  2. The good conduct incentive program known as “Good Time” lets offenders earn time off their sentence.
  3. The Nick Risner act was named after Sergeant Nick Risner of the Sheffield Police Department, who was killed in the line of duty in 2021 during a gunfight.

READ ON FOR MORE: According to the authorities, the suspect in the shooting that took place in 2021, Brian Martin, should have been incarcerated at the time that Risner passed away. Martin only had to spend a little more than three years of the ten-year sentence he received for the murder of his father because of good time laws.

Attorney Mark McDaniel claims that he has witnessed other offenders commit additional crimes after being released on Good Time. “It is not the kind of setting in which a person may enter and emerge a significantly improved version of themselves. In my 45 years of experience, I have found that the reason you have a high percentage of recidivism is because you are warehoused while you are jailed “McDaniel remarked.

It is quite unlikely that you will emerge from this experience a better person than you were when you went in. On July 1st, 63 new laws became operational, and some of them pertain to those who identify as transgender. In accordance with yet another rule that just took effect, public schools are now obligated to provide dedicated changing facilities for kids according to the sex that is shown on their birth certificates.

  1. Every student who does not adhere to a binary gender identity will be required, beginning with the current academic year, to use the toilet and locker room that corresponds to their biological gender.
  2. After two hours of debate on the extremely contentious proposal, the Alabama House of Representatives cast their vote on the measure with a score of 74 to 24.

Democrats claim that this is an attempt to target transgender students, while Republicans assert that this would solve an ongoing problem in public schools. According to McDaniel, the creation of separate bathrooms for transgender children in various school districts might give rise to a number of lawsuits alleging discrimination.

McDaniel is of the opinion that a lawsuit involving this legislation will ultimately be heard by the Supreme Court. “This happens rather frequently. In my experience, whenever there are societal shifts and advances in technology, the legal system makes an effort to keep up “McDaniel remarked. When these acts become effective, they will be challenged in court, and some of those challenges will be taken all the way up to the Supreme Court of the United States.

Copyright 2022 reserved for WAFF. We reserve all of our rights.

Can a convicted felon own a gun after 10 years in Alabama?

Crime of Possession of a Firearm by a Convicted Offender in Alabama In comparison to the majority of other states, the regulations governing firearms in the state of Alabama are rather lenient. Having said that, the law places restrictions on the possession of guns by some people, and they are not exempt from such restrictions.

  1. A felony conviction is one of the things that can prevent you from having access to firearms in certain circumstances.
  2. There are a lot of persons who are in possession of weapons despite the fact that they have specific felony convictions on their records.
  3. However, this is not a good decision because if you are discovered by the police, you might be arrested and charged with unauthorized possession of a firearm.

If you choose to go this route, however, you run the risk of facing both of these consequences. In the event that this occurs, the first person you should contact is a criminal defense attorney in Montgomery who specializes in cases involving illegal possession of firearms.

Possible Consequences of Being Convicted of Being a Felon in Possession of a Firearm Persons convicted of felony charges in Alabama are prohibited by federal law from possessing firearms because this prohibition applies to people convicted of any crime that carries a sentence of one year in jail or more.

Any person convicted of a serious offense in Alabama is not allowed to own a firearm under the state’s statute. This indicates that not all felonies will automatically ban a person from carrying a handgun in accordance with state law (though you would still be prohibited under federal law).

It is imperative that you do all in your power to stay out of jail, regardless of whether you are facing charges in state or federal court. This is due to the fact that a conviction can result in hefty penalties in addition to a possible state jail sentence of up to five years or a federal prison sentence of up to 10 years for a first offense.

It’s possible that there are defenses you can use. As a person who has been accused of committing a crime, it is essential to keep in mind that the mere fact that the police have accused you of anything does not necessarily indicate that you will be found guilty of the crime.

  • There is a possibility that you have access to defenses that might result in the court dismissing your case in certain circumstances.
  • The following are examples of some of the more typical defenses that may be used in the event that a convicted criminal is found to be in possession of a firearm: Violations of the Fourth Amendment: If the police violated your rights under the Fourth Amendment when they discovered the firearm, you may have the ability to have the case against you dismissed or dropped.
See also:  What Gpa Is Required For Alabama?

Protection of oneself or protection of others In situations in which you came into possession of a handgun in order to protect yourself or others from immediate danger, you might be able to use the right to self-defense as a defense against the accusations that have been made against you.

Justification In some circumstances, you may be able to successfully establish that the unauthorized possession of a handgun on your part was justified in order to stop more harm from occurring. You did not in fact possess the firearm in the sense that the law requires it. In certain instances, what the police deem to be “possession” is not truly possession in the sense that the law requires it to be understood.

It may be in your best interest to negotiate a plea deal with the prosecutor who is handling your case. This may be the most effective course of action you can take. A defense attorney who regularly represents people who are accused of committing crimes will be able to tell you whether or not a plea agreement is a good idea in your case, and if it is, they will be able to negotiate one with the prosecutor on your behalf if you decide that you want to go that route.

Have an immediate consultation with a Montgomery firearm offenses defense attorney. If the police have charged you of illegally having a firearm, you should contact an expert attorney as quickly as you can after being suspected of this crime. At Luck Law, LLC, we work diligently to defend the legal interests of our clients and will do all in our power to ensure that your legal matter is addressed as expeditiously and favorably as is humanly feasible.

To book a consultation with an attorney right away, please get in touch with us via our website or give us a call at 334-262-5455.

What weapons can a felon own in Alabama?

Possession of Firearms by Former felons is illegal under both federal and state law; however, the prohibitions placed by the federal government are more comprehensive and stringently enforced. People who have been indicted for a state or federal felony that carries a sentence of more than one year in prison, or who have been convicted of such a crime, are subject to the provisions of the federal criminal code.

  1. That is, the law applies to you even before you’ve been convicted of the crime, and it applies regardless of the amount of time you’ve already spent in prison for the crime.
  2. People who are subject to a restraining order, those who have been convicted of a misdemeanor charge of domestic violence, and those who have been dishonorably discharged from the military are all subject to the same limitations under federal law.

If you are subject to federal law, you are not permitted to possess a firearm or ammunition that has traveled across state borders to reach you. Additionally, you are not permitted to carry, ship, or receive a firearm that has traveled across state lines.

This is significant because the prosecution must establish beyond a reasonable doubt that the firearm crossed state boundaries at some point in time before you came into possession of it in order to win their case against you. Additionally, they have the burden of proving without a shadow of a doubt that you were aware of the firearm’s presence in your residence, vehicle, or other property.

In other words, if a member of your family secretly stored a gun in your residence without your knowledge, you do not lawfully own the firearm. The state law in Alabama is more restrictive. It makes it illegal for anybody who has been convicted of a violent felony to own a pistol, which is defined as any type of handgun with a barrel that is shorter than 12 inches.

  1. This implies that while a shotgun with a long barrel could be allowed, a pellet gun might be against the law.
  2. According to the law, there are two types of violent crimes: actual and attempted.
  3. Murder Manslaughter, except vehicular manslaughter Mayhem and Rappers Assault with the goal to rob, ravish, or kill (also known as kidnapping) Robbery Trespassing and Theft Those who are considered to be “habitual drunkards” and those who are addicted to drugs are also subject to this regulation.

Those who are found guilty might spend up to five years in state jail, and the weapons or guns could be taken away from them as well.

What felonies Cannot be expunged in Alabama?

The legislation regarding expungement in Alabama does not permit the erasing of criminal cases that involve ” violent crimes,” with the exception of those in which the defendant was found not guilty following the conclusion of the trial. More details on the kind of charges that are regarded as “violent felony” offenses in the state of Alabama.

Does expungement restore gun rights Alabama?

C. The effects of expungement – Once the records relating to the charge have been expunged in accordance with paragraph (a), the proceedings that were related to the charge will be treated as though they had never taken place. A response that no record exists on the case must be given to any enquiry made to the court or any other agency, with the exception of the circumstances described in this chapter.

  • On any application for employment, credit, or any other sort of application, the petitioner whose record was erased is exempt from having to reveal the fact that their record was expunged or any issue connected to their record.
  • Nevertheless, the petitioner whose record was expunged has the obligation to disclose the fact that their record was expunged as well as any matter relating to the record to any government regulatory or licensing agency, any utility and its agents and affiliates, or any bank or other financial institution.

After providing notification to the court, the government regulating or licensing agency, utility, together with its agents and affiliates, as well as any bank or other financial institution, shall have the right to review the records that have been purged in the event that these conditions apply.

  • § 15-27-6 (b).15-27-14 of the Alabama Code states that expungement is inapplicable to the Alabama Securities Commission as well as to job applications for positions in law enforcement or prisons.
  • § 15-27-18.
  • An expungement does not restore a person’s rights to own weapons, as stated in Section 15-27-15, nor does it remove sex offender registration, which may only be obtained through a court.

See § 15-20A-24. An arrest or conviction that is the subject of an expungement may be susceptible to the disclosure of the petitioner’s expungement records in the event that the petitioner files a civil suit requesting the release of those records. The court must first decide in writing whether or not to divulge the documents after holding a hearing behind closed doors to establish whether or not the data are being requested in good faith, the nature of the records being requested, and their relevancy to the request.

§ 15-27-20. According to the Alabama Rules of Criminal Procedure and Evidence, a “certified record of an expungement” can be used as evidence in a criminal trial as long as the rules are followed. It is necessary for the court to conduct a hearing behind closed doors in order to decide whether or not the evidence may be admitted.

§ 15-27-20. See also Ala. Code § 41-9-625 (law enforcement agencies required to delete photographs, “fingerprints and other identifying information” from their files within 30 days of release from custody if the person is not charged or is cleared of the charges).5 In cases in which a charge is resolved with a non-conviction disposition, Alabama’s non-conviction expungement legislation, which were implemented in 2014, above, give judges the authority to remove arrest records from public view.