Alabama Drug Possession: Change of Plea and Expungement Path

Facing a drug possession charge in Alabama is a serious matter, potentially resulting in penalties that severely restrict career and housing opportunities. For many, the goal is not just to resolve the immediate legal case but to secure a truly fresh start by having the incident removed from their public record. This critical process is known as expungement, and it is closely tied to how the case is initially resolved—often through a strategic change of plea.

Understanding the interplay between a negotiated plea agreement, alternative sentencing programs, and the state’s expungement law (Alabama Code § 15-27, as expanded by the 2021 REDEEMER Act) is the key to clearing your name. This article, generated with the assistance of an AI, explores the path from a drug possession charge to a sealed record.

The “Change of Plea” That Leads to Expungement

In drug cases, a “change of plea” is frequently the mechanism used to transition a case from standard prosecution to an alternative program. The most common alternative that directly leads to expungement is a Drug Court Program or a court-approved Deferred Prosecution program.

Drug Court Programs: The Expungement Mechanism

Drug Court and similar diversion programs (such as mental health court or veteran’s court) are intensive, supervision-heavy alternatives to incarceration, focusing on rehabilitation. They are designed to allow qualified applicants, often those charged with non-violent offenses like drug possession (misdemeanor or felony), to address underlying addiction issues.

Successful completion of this program is the key to obtaining a non-conviction status, which is essential for expungement:

• ✓ Program Entry involves a conditional guilty plea.
• ✓ Successful Completion (typically 12-18 months) leads to the plea being withdrawn.
• ✓ The criminal charges are then dismissed by the court.
• ✓ The dismissal is the event that makes the charge eligible for a Criminal Record Expungement.

Expungement Eligibility: Non-Conviction vs. Conviction

Alabama’s expungement law, codified in Section 15-27, makes a clear distinction between expunging a charge that resulted in a non-conviction (like a dismissal) and one that resulted in a conviction (like an unconditional guilty plea). Drug possession cases can fall into either category, making your case’s final disposition paramount.

Category 1: Non-Conviction (The Fastest Path)

If your drug possession charge resulted in a dismissal—especially one following a successful diversion program or nolle prosequi—it falls under the most favorable expungement category. This includes all felony non-convictions, which the REDEEMER Act greatly expanded.

Category 2: Misdemeanor Conviction

If your drug possession charge resulted in a misdemeanor conviction (e.g., first-degree possession of marijuana for personal use), you may still be eligible for expungement if you meet strict criteria.

• Three years have passed since the conviction date.
• All probation, parole, fines, costs, and restitution requirements have been successfully completed.
• The offense is not an excludable one, such as a violent, sex, serious traffic, or crime of moral turpitude. Simple possession of a controlled substance is often non-violent and therefore eligible.

Category 3: Felony Conviction

Expunging a Felony Drug Possession conviction is extremely difficult and requires a specific, separate legal process:

The Alabama Expungement Petition Process

Once you have confirmed your eligibility based on the resolution of your drug possession case (whether it was a dismissal after a change of plea or a conviction that meets the waiting period), the formal expungement process begins in the Circuit Court.

1. Obtain Your Certified Record: First, you must get a certified copy of your criminal history record from the Alabama Law Enforcement Agency (ALEA). This confirms the disposition of your charge.
2. Complete the Waiting Period: Ensure you have fully satisfied the statutory waiting period (e.g., 90 days, 1 year, 3 years, or 5 years).
3. File the Petition: A formal Petition for Expungement of Records must be filed in the Circuit Court of the county where the charge was originally filed.
4. Pay the Fee: A non-refundable administrative filing fee of $500 is required for each arrest incident being expunged.
5. Service and Hearing: The District Attorney and the arresting agency are notified. They have the opportunity to object. If an objection is filed, a judge will hold a hearing to decide on the petition. If no objection occurs, the court may grant the expungement without a hearing.

Summary: Securing Your Record Sealing

Navigating the complex requirements for Record Sealing after a drug charge requires precision. Whether your case was resolved through a dismissal or a conviction, the ability to obtain an expungement is one of the most significant second chances offered by Alabama law. Working with an experienced Legal Expert is highly recommended to ensure compliance and a successful outcome.

1. The most direct path to expungement for a drug possession charge is through a court-approved diversion or Drug Court Program, which results in a charge dismissal.
2. Non-convictions can be expunged after a relatively short waiting period (90 days to 1 year for Drug Court completion).
3. Misdemeanor convictions are eligible after a 3-year waiting period, provided the offense is not excluded and all court obligations are met.
4. Felony convictions require a Full Pardon from the ABPP before an expungement petition can even be filed.
5. The formal expungement process involves filing a Petition for Expungement in Circuit Court and paying the statutory $500 filing fee.

Frequently Asked Questions (FAQ)

Q: What is the main difference between a “change of plea” and expungement in drug cases?

A: A “change of plea” is a procedural step where a defendant pleads guilty, often conditionally, to enter a program like Drug Court. Expungement is the subsequent statutory process of legally sealing the record, which only becomes possible if the conditional plea is later withdrawn and the charges are dismissed (a non-conviction).

Q: How long does the expungement process take?

A: The entire process in Alabama typically takes about two to four months from the time the petition is filed until the court issues a decision, though complex cases or objections can take longer.

Q: Does the $500 filing fee cover multiple drug charges?

A: The $500 administrative fee applies to each arrest incident. If you are seeking expungement for multiple charges that arose from a single arrest, only one fee is required. Multiple arrests require a fee per arrest.

Q: Can a felony drug conviction ever be expunged without a full pardon?

A: Generally, no. Under Alabama Code § 15-27-2(c), expungement of a felony conviction requires a full, unrestricted pardon with restoration of civil rights from the Alabama Board of Pardons and Paroles. Non-conviction felonies (like dismissals) have much broader eligibility.

For individuals seeking to move past a drug possession charge, the law provides a clear, albeit rigorous, path to a truly clean slate. The key is to understand the legal mechanism—the successful change of plea through diversion—that transforms a pending charge into a final dismissal, unlocking the door to expungement.

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