Categories: Court Info

Alabama Drug Charges: Preliminary Hearing to Expungement

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Discover the critical connection between an Alabama drug possession preliminary hearing, the use of a Motion to Suppress, and the pathway to expunging your criminal record under the Code of Alabama 15-27. Learn the eligibility requirements for a clean slate.

Facing a drug possession charge in Alabama is a serious matter, one that can cast a long shadow over your future employment, housing, and educational prospects. Fortunately, state law provides a mechanism—expungement—to completely remove an arrest and charge from your official history, making it legally deemed “never to have occurred”. This process often hinges on the early stages of your case, particularly the outcome of the preliminary hearing and subsequent motions.

Understanding the link between your initial court appearances and final record clearance is the first step toward reclaiming your future.

The Critical Role of the Preliminary Hearing (Felony Exam)

In Alabama, if you are charged with felony drug possession, you are entitled to demand a preliminary hearing, often referred to as a “felony exam”. This hearing must be demanded within 30 days of your arrest.

What Happens at the Hearing?

The preliminary hearing is not a trial; its sole purpose is for a judge to determine if there is sufficient probable cause to believe that a crime was committed and that you committed it.

The prosecution presents evidence and calls witnesses to meet the probable cause standard.
Your Legal Expert can cross-examine the prosecution’s witnesses, which can be an invaluable opportunity to lock them into their testimony and prepare for a later trial or motions.

If the judge finds probable cause, the case is “bound over” for action by a Grand Jury. Crucially, if the judge finds the evidence insufficient, the judge will dismiss the charge. A dismissal at this early stage due to lack of evidence is one of the quickest paths to expungement eligibility.

The Suppression Link: Turning a Charge into a Dismissal

While the preliminary hearing is a procedural step, the most powerful tool for securing a dismissal in a drug possession case is often the filing of a Motion to Suppress. This is a separate, critical pre-trial motion, usually filed in the Circuit Court, that attacks the legality of how the evidence (the drugs) was obtained.

★ Legal Expert Tip: Exclusionary Rule

A successful Motion to Suppress argues that law enforcement violated your constitutional rights—for instance, by conducting an unlawful search and seizure or failing to read Miranda rights. If a judge grants the motion, the drugs are excluded from evidence. In a drug possession case, losing the core evidence often leaves the prosecution with no choice but to dismiss the entire case. A dismissal resulting from a successful motion creates the ideal pathway to expungement.

Expungement Eligibility: Clearing Your Drug Charge Record

Alabama’s expungement law, codified in Title 15, Chapter 27 of the Code of Alabama, is designed to clear records for cases that did not result in a conviction. Drug possession charges, provided they are non-violent, are generally eligible if the case was resolved favorably.

Qualifying Outcomes for Expungement

The following are the primary dispositions in a drug possession case that make your record eligible for expungement:

The charge was Dismissed with Prejudice.
You were found Not Guilty (Acquitted) of the charge.
The charge was No-Billed by a Grand Jury.
You successfully completed a court-approved Pretrial Diversion Program (such as Drug Court).

The Waiting Period Requirement

Even after a favorable outcome, a waiting period is often required before you can petition the court. The duration varies based on the case’s resolution:

Case Outcome	General Waiting Period
Dismissed with Prejudice / Acquittal / No-Billed	Generally no mandatory waiting period or a short period (e.g., 90 days).
Successful Completion of Diversion Program (Non-Violent Felony)	One year has passed since completion of the program.
Dismissed without prejudice (Non-Violent Felony)	Five years have passed without the charge being refiled and no new convictions during that time.

Summary: Steps in the Alabama Expungement Process

If your drug possession case meets the eligibility criteria, the expungement process involves filing a sworn Petition for Expungement in the Circuit Court of the county where the charge occurred.

Obtain Certified Records: You must first obtain a certified copy of your official criminal record from the Alabama Law Enforcement Agency (ALEA), along with certified records of arrest and disposition from the appropriate local agencies.
File the Petition: File the sworn Petition for Expungement in the correct Circuit Court. A non-refundable filing fee (typically $500 per incident) is required.
Service and Objection Period: The District Attorney, law enforcement agency, and Clerk of Court must be served with the petition. The District Attorney and victim then have 45 days to file a written objection.
Hearing and Decision: If an objection is filed, the court will schedule a hearing. Whether or not there is an objection, the final decision to grant expungement rests entirely with the Circuit Court Judge’s discretion.
The Effect: If granted, the entire record of the criminal offense is legally erased, and you are no longer required to disclose the matter on most applications.

Clean Slate Card Summary

Key to Expungement:

For a drug possession case, the path to expungement requires a non-conviction outcome, often achieved through a dismissal at the preliminary hearing, a successful Motion to Suppress, a “no-bill,” or successful completion of a diversion program.

Legal Expert Recommendation:

The expungement process is complex and often requires meticulous handling of certified documents and adherence to specific waiting periods. While self-representation is possible, consulting with an experienced Alabama Legal Expert is strongly recommended to ensure eligibility and maximize the chances of a favorable outcome.

Frequently Asked Questions (FAQ)

Can a felony drug possession charge be expunged in Alabama?

Yes, certain non-violent felony drug possession charges are eligible for expungement, provided the charge was dismissed, you were found not guilty, or you successfully completed a diversion program like Drug Court. Violent crimes, sexual offenses, and serious drug crimes are typically ineligible.

Does a dismissal at the preliminary hearing guarantee expungement?

A dismissal at the preliminary hearing (due to lack of probable cause) makes the charge eligible, but it does not guarantee expungement. You must still formally file a petition and complete the full expungement process, including paying the $500 fee and waiting out any applicable periods. Also, the prosecution can still later present the case to a grand jury.

How long does the Alabama expungement process take?

The process typically takes about 2 to 4 months from filing the petition, though this can vary depending on the court’s caseload and whether a hearing is required. The 45-day objection period for the District Attorney is a mandatory minimum delay.

Can I file a Motion to Suppress at the Preliminary Hearing?

The preliminary hearing is not generally the setting for a formal, extensive hearing on a Motion to Suppress; it is held to determine probable cause, and evidence that would be excluded at trial may be permitted. The formal Motion to Suppress evidence is a separate, critical pre-trial motion filed later in the Circuit Court.

Disclaimer: AI-Generated Content

The information provided in this post is for general educational purposes only and is not a substitute for professional legal advice. Laws regarding expungement in Alabama (Title 15, Chapter 27 of the Code of Alabama) are complex and subject to change. Do not rely solely on this content to make legal decisions. Always consult with a qualified Alabama Legal Expert for advice tailored to your specific situation and case facts.

A favorable resolution to a drug possession charge is only the first step. By actively pursuing expungement, you are taking definitive action to secure your future and restore your rights. Contact an experienced Alabama Legal Expert today to begin the process of clearing your record.

Alabama Expungement, Drug Possession, Preliminary Hearing, Non-Conviction Expungement, Motion to Suppress, Criminal Record, Code of Alabama 15-27, Pretrial Diversion, Felony Exam, Probable Cause, Petition for Expungement, Arrest Record, Dismissed Charges

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