For first-time drug offenders in Alabama, a drug possession arrest does not automatically mean a conviction. Programs like Pre-Trial Diversion (PTD) and Drug Court offer a path to rehabilitation, dismissal of charges, and potential expungement of the criminal record. This guide details the eligibility, process, and benefits of pursuing a deferred adjudication alternative under Alabama law.
Facing an arrest for drug possession in Alabama can be a life-altering experience. A conviction, even for a minor offense, can result in incarceration, heavy fines, and a permanent criminal record that complicates employment, housing, and educational opportunities. Fortunately, Alabama’s legal system provides alternatives to traditional prosecution, primarily through Pre-Trial Diversion (PTD) programs and specialized Drug Courts. These mechanisms offer qualified individuals—especially first-time, non-violent offenders—a chance to have their criminal charges dismissed without a conviction, allowing them to truly start over.
While the term “deferred adjudication” is sometimes used broadly, Alabama typically utilizes two primary avenues for first-time drug offenders to avoid a conviction: the District Attorney’s Pre-Trial Diversion (PTD) Program and Drug Court/Accountability Court.
Access to these programs is a privilege, not a right, and rests heavily on the discretion of the District Attorney’s office.
| Requirement | Drug Possession Context |
|---|---|
| Prior Criminal Record | Generally, no prior felony convictions or violent criminal history. Prior DUI or misdemeanor drug convictions (like Possession of Marijuana) may be grounds for denial. |
| Nature of Offense | Must be a non-violent offense. Trafficking, Unlawful Distribution, or Manufacturing are typically ineligible for PTD. Simple possession (misdemeanor or felony D) for personal use is the primary candidate. |
| Admission/Responsibility | Requires taking responsibility for the crime. For PTD, this may involve a written confession. For felony PTD/Drug Court, it may require entering a guilty plea with adjudication deferred. |
The specific rules can vary significantly by county and judicial circuit. The District Attorney in each circuit has the ultimate discretion to establish a Pre-Trial or Deferred Prosecution program. It is vital to consult a legal expert familiar with the specific criteria of the court where your case is pending, as what is acceptable in one county may be denied in another.
Once admitted, participants must adhere to a strict set of conditions. These programs are rigorous and often administered under a “ZERO TOLERANCE” policy.
A first-time offender facing a felony drug possession charge enters a county’s deferred adjudication program, pleading guilty with the sentence withheld. Six months into the 12-month program, they fail a random drug test. Because they previously entered a guilty plea, the program is terminated, and the court immediately proceeds to enter the conviction and impose a sentence (imposition of judgment). The key takeaway: failure to comply results in a conviction and forfeiture of all fees paid.
The primary benefit of successfully completing a deferred adjudication program is the non-criminal disposition of the charges against you, most often resulting in a dismissal of the case.
Furthermore, under Alabama law (Code of Ala. § 15-27-2(a)(6)), records related to a felony offense that was dismissed after successful completion of a drug court, mental health court, or other court-approved deferred prosecution program are eligible for expungement one year after the program’s completion.
Once expunged, the proceedings regarding the charges are deemed never to have occurred. For most purposes, including job applications, you are not required to disclose the fact of the record. This effectively erases the public record of the arrest and prosecution, protecting your future career and personal opportunities.
If you or a loved one are facing a drug possession charge, seeking a deferred adjudication alternative is often the most beneficial path.
If arrested for drug possession, a deferred adjudication/PTD program offers the chance to avoid a permanent conviction. Eligibility depends heavily on the county and the District Attorney’s discretion, generally requiring a non-violent offense and a clean prior record. Success demands total compliance with drug treatment, testing, and supervision requirements. Completing the program results in case dismissal, paving the way for eventual expungement of your arrest record.
A: PTD (Pre-Trial Diversion) is a program administered by the District Attorney’s office, often before an indictment, where charges are dismissed upon successful completion of the agreed-upon conditions. Drug Court is a formal, court-supervised program focused on intensive treatment for drug offenders, which can be entered before or after adjudication, with successful completion leading to a disposition like dismissal or deferred sentencing.
A: For felony drug offenses seeking deferred adjudication, you are often required to enter a plea of guilty, but the court withholds or defers the adjudication (the final judgment and sentencing). If you fail the program, the court simply enters the final adjudication of guilt and imposes the sentence. In Pre-Trial Diversion (PTD), a confession or a plea agreement to be filed later is common.
A: Yes, drug offenses, excluding Unlawful Distribution, Trafficking, and Manufacturing, are eligible for consideration for PTD in many circuits. Possession of a Controlled Substance for personal use is a Class D felony and is often a target for these programs for first-time offenders. However, eligibility is always subject to the sole discretion of the District Attorney.
A: The minimum term for completion varies by program and county, but the standard length is typically between six months and one year. Drug Court programs are often longer, depending on the required level of treatment.
A: Yes. Successful completion of an Alabama Drug Court, PTD, or similar deferred prosecution program that results in the dismissal of felony charges makes you eligible to petition for expungement of the records one year after completion.
This blog post is for informational purposes only and is not a substitute for the advice of a qualified Legal Expert. The laws regarding deferred adjudication, Pre-Trial Diversion, and expungement in Alabama are complex and highly dependent on the specific jurisdiction (county) and the discretion of the District Attorney. Eligibility is not guaranteed. Always consult a licensed Alabama Legal Expert to discuss the specifics of your case. This content was generated with assistance from an AI language model.
A drug possession charge does not have to define your future. By understanding the alternatives available in Alabama, you can take a proactive step toward protecting your rights and securing a clean slate. Consult with a Legal Expert today.
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