Alabama Drug Expungement: Your Path to a Clear Record

A criminal record, particularly one involving drug possession, can be a constant roadblock to employment, housing, and educational opportunities. For many years, the options for sealing an adult conviction in Alabama were extremely limited. However, with the passage of the 2021 REDEEMER Act, Alabama significantly expanded eligibility, offering a path to a cleaner slate for individuals convicted of certain non-violent offenses, including many drug crimes.

Understanding the nuances of the law—from classifying your charge as a non-conviction, a misdemeanor, or a felony—is the essential first step toward record expungement.

Understanding Expungement Under Alabama Law

Expungement is a court-ordered process that permanently seals criminal records from public view, making it legally as if the arrest or conviction never occurred. While law enforcement and government agencies may still access the sealed record under specific circumstances, the public, including most potential employers and landlords conducting background checks, cannot.

Drug Possession: Eligibility Based on Case Outcome

The path to expungement for a drug possession charge in Alabama depends heavily on the final disposition of your case. Drug possession of a controlled substance is typically charged as a Class D felony, while first-offense possession of marijuana is a Class A misdemeanor.

1. Non-Conviction Cases (Charges Not Resulting in a Guilty Verdict)

Expunging records where you were arrested but not convicted is generally the simplest and most common form of relief. Most non-violent drug charges that fall under these categories are eligible after a short waiting period:

• Acquittal (Found Not Guilty): Eligible after 90 days have passed.
• Dismissed with Prejudice: Eligible after 90 days have passed.
• No-Billed by a Grand Jury: Eligible after 90 days have passed.
• Nolle Prossed (Prosecutor Drops Charge) without conditions: Eligible after 90 days have passed, provided the charge is not refiled.

2. Successful Diversion Programs

If your drug possession charge was dismissed after you successfully completed a court-approved program, such as a Drug Court Program, Mental Health Court, or other Deferred Prosecution Program, the charge is eligible for expungement one year after successful completion of the program.

3. Convictions (Misdemeanor and Felony)

Expunging a conviction is subject to much stricter requirements, especially for drug possession charges which are classified as felonies (Class D for possession of a controlled substance).

The Step-by-Step Expungement Procedure

Once you confirm your eligibility and have satisfied the applicable waiting period, the expungement process involves a formal court petition. This procedure is uniform across Alabama and is not an automatic process.

Phase 1: Preparation and Documentation

1. Obtain Certified Records: You must secure a certified copy of your criminal history from the Alabama Law Enforcement Agency (ALEA), as well as a certified record of disposition (or case action summary) and certified arrest record from the local law enforcement agency or court.
2. Complete the Petition: Fill out the official Petition for Expungement of Records (Form CR-65), ensuring you list all agencies that hold records related to the arrest. A separate petition must be filed for each arrest incident.
3. Address Financial Obligations: You must have completed all probation, parole, and paid all court-ordered fines, fees, and restitution.

Phase 2: Filing and Service

4. File with the Circuit Court: Submit the completed petition and all certified documents to the Circuit Court in the county where the charges were originally filed.
5. Pay the Filing Fee: A non-refundable administrative filing fee of $500.00 is required for each arrest being petitioned. A petitioner determined to be indigent may have the fee waived.
6. Serve Notice: The District Attorney and all law enforcement agencies and clerks of court in possession of the record must be served with a copy of the petition. The District Attorney’s Office has 45 days to file an objection.

Phase 3: The Decision

7. Hearing (If Necessary): The Circuit Court Judge may rule on the petition with or without a hearing. If the District Attorney objects, a hearing is more likely.
8. Discretionary Ruling: The decision to grant expungement is ultimately at the discretion of the Circuit Court Judge. If approved, the court issues an order to seal the records.

Summary: Clearing Your Drug Possession Record

Navigating the expungement process successfully requires attention to detail and patience with the waiting periods. Here are the main takeaways for an individual seeking relief from a drug possession charge:

1. The REDEEMER Act expanded eligibility for expungement in Alabama to include certain misdemeanor and pardoned felony convictions.
2. Non-conviction outcomes (e.g., dismissal, acquittal, no-bill) for non-violent charges have the shortest waiting periods, often just 90 days.
3. Completion of a Drug Court or diversion program makes the charge eligible for expungement one year after successful program completion.
4. Expunging a drug possession felony conviction (Class D) requires a full pardon from the Alabama Board of Pardons and Paroles, followed by a 180-day wait.
5. The process involves filing a petition with the Circuit Court, submitting certified records, and paying the non-refundable $500 filing fee.

Frequently Asked Questions (FAQ)

Q: Can a felony drug possession conviction be expunged in Alabama?

A: Yes, but only in limited circumstances. A non-violent felony conviction, such as for unlawful possession of a controlled substance (often a Class D felony), is only eligible for expungement if the petitioner has first received a full pardon from the Alabama Board of Pardons and Paroles that restores civil rights, followed by a 180-day waiting period.

Q: How long do I have to wait to file for expungement?

A: The waiting period depends on the outcome: 90 days for dismissals/acquittals; one year after successful completion of a diversion program (like Drug Court); three years for misdemeanor convictions; and 180 days after a full pardon for non-violent felony convictions.

Q: What is the filing fee for expungement in Alabama?

A: The administrative filing fee is a non-refundable $500 for each arrest incident for which expungement is sought. There may be other associated court costs as well.

Q: Does expungement restore my right to possess a firearm?

A: No. Alabama’s expungement statute specifically states that expungement does not entitle an individual to ship, transport, possess, or receive a firearm. Regaining firearms rights typically requires a pardon that explicitly restores those rights.

Q: Where do I file the petition?

A: The petition must be filed in the Circuit Court of the county where the original charges were filed or where the arrest occurred.

Important Disclaimer

This post provides general information and does not constitute legal advice. Alabama expungement law is complex and subject to specific statutory requirements and judicial discretion. Eligibility for expungement depends entirely on the unique facts of your case. You must consult with a qualified Legal Expert to discuss your individual situation. This content was generated by an AI assistant based on public legal data.

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