Alabama Drug Charges: How Deferred Adjudication Works

A drug possession charge in Alabama, even for a non-violent offense, can result in a felony or misdemeanor conviction that creates a permanent criminal record. Such a record can significantly impact a person’s life, affecting employment, housing, and other opportunities. However, the state of Alabama offers alternatives to traditional prosecution, primarily through Pretrial Diversion (PTD) and specialized Drug Court programs, which effectively operate as forms of deferred adjudication.

These programs represent a critical opportunity for eligible individuals to demonstrate responsibility and commitment to rehabilitation, ultimately leading to the dismissal of charges and the possibility of a clean slate. Understanding how deferred adjudication, or its equivalent, works in the Alabama criminal justice system is essential for anyone facing drug-related charges.

What is Deferred Adjudication (Pretrial Diversion) in Alabama?

While some states use the term “deferred adjudication,” Alabama primarily utilizes the Pretrial Diversion Program (PTD) and Drug Courts to achieve a similar outcome: the deferral of a final judgment of guilt.

The Process for Drug Possession Charges

The process for drug possession charges often depends on whether the offense is charged as a felony or a misdemeanor:

Charge Severity	Plea Requirement	Adjudication Status
Felony Drug Offense	The defendant must plead guilty before the court.	Adjudication (the formal finding of guilt) is deferred, and the case is placed on an administrative docket.
Misdemeanor/Traffic Offense	A written guilty plea may be filed.	Prosecution is suspended pending successful completion.

Eligibility and the District Attorney’s Discretion

Admission into a Pretrial Diversion or Drug Court program is not an automatic right; it is a privilege that is heavily dependent on the discretion of the District Attorney’s office in the prosecuting jurisdiction.

Common Eligibility Requirements:

• No Prior Felonies: A common prerequisite is that the applicant does not have prior felony convictions.
• Non-Violent Offense History: Applicants must generally have no violent criminal history or history of possessing dangerous weapons.
• No Prior Diversion: Defendants who have previously been enrolled in a PTD, First Offenders, or similar diversion program may be ineligible, even if they successfully completed the prior program.
• Nature of the Drug Offense: While most drug possession offenses are eligible for consideration, certain severe charges are typically excluded, such as Unlawful Distribution, Drug Trafficking, and Manufacturing (First Degree).

The Path to Dismissal: Program Conditions and Requirements

Once accepted into the program, a participant must agree to a specific set of conditions for a period that typically ranges from six to twelve months, or sometimes longer. Successful completion is mandatory to avoid a conviction.

Typical Requirements of Deferred Prosecution/PTD:

• Drug & Alcohol Treatment/Counseling: Participants are generally required to participate in counseling, drug/alcohol treatment, and related education programs.
• Drug Testing: Programs often enforce random drug and alcohol urinalysis.
• Community Service & Employment: Requirements often include performing community service and maintaining employment.
• Financial Obligations: The defendant must pay all required fines, court costs, program fees, and restitution if applicable.
• Zero Tolerance: Programs are often administered as “ZERO TOLERANCE” systems, meaning non-compliance with any rule can result in termination and final adjudication of guilt.

Consequences of Program Failure

The primary risk of entering deferred adjudication is the pre-existing guilty plea.

A Clean Slate: Expungement After Completion

One of the most significant benefits of successful program completion is the opportunity to expunge the criminal record. Expungement seals the records related to the charge, allowing the individual to legally state that the proceedings never occurred, with few exceptions.

Expungement Requirements Post-Diversion:

For records relating to a felony offense that was dismissed after successful completion of a diversion or drug court program, the records can typically be expunged by the court one year after the date of program completion. There is generally a non-waivable administrative filing fee of $500, plus other court fees, though indigency status may be an option for waiving fees in some programs.

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Summary of the Deferred Adjudication Path

1. Application & Consent: The individual applies to the PTD or Drug Court program, which requires the consent and discretionary approval of the District Attorney.
2. Guilty Plea Entry: For felonies, a guilty plea is entered, but the court withholds the final judgment (adjudication is deferred).
3. Program Compliance: The participant adheres to all mandated conditions, which include treatment, testing, and payment of fees, for a specified period.
4. Case Dismissal: Upon successful completion, the District Attorney moves to dismiss the charges, and the defendant avoids a criminal conviction.
5. Expungement: After a waiting period (typically one year post-completion), the individual is eligible to petition the court to have the arrest and charge records expunged.

Frequently Asked Questions (FAQ)

Q: What is the main difference between Pretrial Diversion (PTD) and Deferred Adjudication?

A: In Alabama, PTD often functions as the local version of deferred adjudication. The key distinction is sometimes procedural: PTD (or Deferred Prosecution) involves the prosecution halting the case and may or may not require a plea upfront, while formal deferred adjudication almost always requires a guilty or no contest plea to be entered before the court defers the judgment of guilt. In felony drug PTD, a guilty plea is required.

Q: Can I get my drug possession arrest expunged after I complete the program?

A: Yes. If the charge was dismissed following successful completion of a diversion or drug court program, you can petition the court for expungement one year after the date of completion.

Q: Does deferred adjudication apply to drug trafficking charges?

A: Generally, no. Programs like PTD in Alabama typically exclude serious offenses such as Unlawful Distribution, Drug Trafficking, and Manufacturing (First Degree) from eligibility.

Q: What happens if I fail a drug test while in the PTD program?

A: PTD programs often operate under a “ZERO TOLERANCE” policy. Failure to comply with any condition, including a drug test, can lead to termination from the program. If terminated, your pre-entered guilty plea will be adjudicated, and you will be sentenced.

Important Legal Disclaimer

AI-Generated Content Notice: This article was generated by an artificial intelligence model and is intended for informational purposes only. It is not a substitute for professional legal advice, nor should it be interpreted as such. The laws regarding drug offenses, diversion programs, and expungement in Alabama are complex and subject to change by legislative action or judicial interpretation. Eligibility for any program is highly discretionary and jurisdiction-specific. Always consult with a qualified criminal defense Legal Expert licensed in Alabama to discuss the specifics of your case.

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