Alabama Driving Without License: Expungement & Appeal Guide

For individuals in Alabama, a traffic offense like a “Driving Without a License” citation can create a surprising number of future complications. While perhaps seen as a minor charge, the arrest and subsequent court record often remain accessible to the public, impacting background checks for employment, housing, or professional licensing. The path to truly moving forward involves utilizing Alabama’s record-clearing process, officially known as expungement.

This comprehensive guide details the necessary legal steps in Alabama, distinguishing between an initial appeal of the charge or suspension and the critical process of expungement (record sealing) under Title 15, Chapter 27 of the Code of Alabama 1975.

Appeal vs. Expungement: Understanding the Difference

It is vital to understand that an appeal and expungement serve two distinct legal purposes. They address different stages of the legal process:

• Appeal (or Judicial Review): This is the process of challenging the legal ruling or administrative decision itself, such as a conviction or an order from the Alabama Law Enforcement Agency (ALEA) to suspend or revoke your license. For license-related issues, you typically have a very short window—often 10 days from the notice—to request an administrative hearing, which can be followed by a judicial appeal in Circuit Court.
• Expungement (Record Sealing): This process, governed by Alabama Code § 15-27-1, is about removing records of a criminal charge or conviction from public access after the case has concluded. It doesn’t overturn the original ruling but seals the record, treating the individual “as if the crime never occurred” for most public purposes.

Expungement Eligibility for Traffic Violations (Driving Without a License)

The “Driving Without a License” charge is typically classified as a misdemeanor, violation, or traffic violation, making it potentially eligible for expungement under the Alabama Expungement Law, which was significantly expanded by the Redeemer Act. Eligibility primarily depends on the final outcome of your case. You will file a petition in the Circuit Court where the original charge was filed.

1. Non-Conviction Expungement (Dismissed Charges)

You are eligible to file for expungement if your charge was dismissed or resolved in your favor, provided a waiting period has passed. This is the most straightforward path.

Table 1: Non-Conviction Expungement Criteria (Misdemeanor/Traffic)

Case Outcome	Minimum Waiting Period
Dismissed with Prejudice, Found Not Guilty, or No-Billed by Grand Jury	90 days
Dismissed Without Prejudice (Not Refiled)	2 years (with no other misdemeanor/felony/traffic convictions, excluding minor traffic violations)
Successful Completion of a Diversion Program	1 year after successful completion

2. Conviction Expungement (Title 15-27-1(b))

Under the updated law, certain misdemeanor convictions—which includes most “Driving Without a License” convictions—may be expunged, provided the offense is not one of the enumerated violent, sexual, or serious traffic offenses.

The Alabama Record Expungement Process (Sealing)

The process of sealing your record is initiated in the Circuit Court and requires careful documentation. While a legal expert is not strictly required, the complexity of gathering and certifying documents makes professional guidance highly recommended.

Step-by-Step Procedure:

1. Obtain Certified Criminal History Record: You must first get a certified copy of your complete criminal history record from the Alabama Law Enforcement Agency (ALEA). This requires filling out a request form and submitting a set of your fingerprints.
2. Gather Certified Court Documents: You need certified documentation proving the resolution of the case. This includes either a certified record of arrest, a certified record of disposition, or a certified case action summary from the court.
3. File the Petition: Complete and file the official Petition for Expungement of Records (CR-65 form, available from the Alabama Office of Administrative Courts) in the Circuit Court where the original charge was filed. You can only request expungement for one charge per petition.
4. Pay the Filing Fee: There is a non-refundable administrative filing fee of $500 per arrest incident, though a single fee can cover multiple charges arising from one arrest. You may be able to file an Affidavit of Substantial Hardship to waive the fee if indigent.
5. Service and Hearing: The petition must be served on the District Attorney and any necessary agencies. The DA has the right to object, which would trigger a mandatory court hearing. During the hearing, a judge will consider factors like the nature of the offense, evidence of rehabilitation, and other relevant matters.

Summary: Key Takeaways for Clearing Your Record

Navigating the intersection of traffic appeals and criminal expungement in Alabama requires a methodical approach. The ultimate goal is to remove the charge from public visibility to protect your future opportunities.

1. If you were simply cited for “No License in Possession,” the ticket may be dismissed by a judge or magistrate if you can prove you had a valid license at the time of the stop.
2. For the record to be truly sealed from public background checks, you must successfully file a Petition for Expungement in the Circuit Court under Alabama Code § 15-27-1.
3. Expungement eligibility for a Driving Without a License charge hinges on the outcome: 90 days after dismissal/not guilty, or 3 years after a conviction (if all conditions are met, including payment of all fines/costs).
4. The process is complex, involving certified records from both ALEA and the court, a $500 filing fee, and a potential court hearing if the prosecuting authority objects.

Frequently Asked Questions (FAQ)

Q: Is “Driving Without a License” considered a minor traffic violation for expungement?

A: If the charge was dismissed without prejudice, you must wait two years and have no other felony, misdemeanor, or non-minor traffic convictions. Alabama law distinguishes between “minor traffic violations” (which do not disqualify you during the waiting period) and other traffic violations. Consulting with a legal expert is crucial to confirm your charge’s exact classification.

Q: How much does it cost to expunge my record in Alabama?

A: The administrative filing fee is a non-refundable $500 per arrest incident. This does not include costs for obtaining certified records from ALEA (which requires a $25 fee and fingerprints) or court costs.

Q: Where do I file the petition for expungement?

A: You must file the Petition for Expungement of Records in the Circuit Court in the county where the original charges were filed. The Circuit Court has exclusive jurisdiction over the petition.

Q: How long does the expungement process take?

A: Once the petition is filed, the process typically takes between two to four months, though complex cases or those with objections from the District Attorney can take longer due to required hearings.

Disclaimer

Important Legal Notice: This blog post, generated by an AI, provides general information about Alabama’s expungement and appeal laws (specifically Code of Alabama 1975, Section 15-27) as public legal statutes. It is not a substitute for personalized legal advice from a qualified Legal Expert. Laws change frequently, and eligibility for expungement is fact-specific. You must consult with a Legal Expert to apply these statutes to your individual case.

Successfully navigating an Alabama driving offense—whether appealing a suspension or sealing a resolved charge—is an investment in your future. By understanding the strict legal requirements and engaging with the Circuit Court process, you can officially seal your record and ensure that a past traffic issue does not continue to affect your life.

Alabama Expungement, Record Sealing, Driving Without License, Misdemeanor Expungement, Circuit Court, ALEA, Redeemer Act, Section 15-27-1, State Courts, Criminal, Traffic Violation, Appeals, Petitions, Statutes & Codes, Case Law, Legal Forms, Criminal Cases, Guides & Checklists, Dismissed with Prejudice, Found Not Guilty