Alabama DUI Expungement: Sealing Your Criminal Record

Q: How long does the expungement process take?

The process can take 2 to 4 months after the initial statutory waiting period has passed. The court will not act on the petition for a minimum of 45 days after it is filed and served to allow for objections.

Q: Do I have to tell employers about an expunged DUI charge?

For most applications, no. after expungement, you are generally not required to disclose the record. However, exceptions exist for applications to law enforcement, corrections, and certain sensitive positions.

Meta Summary: Alabama DUI Record Expungement

This guide offers a detailed look at the process for expunging or sealing a DUI arrest or charge record in Alabama, which is governed by the Alabama Code Title 15, Chapter 27. Learn about the critical distinction between DUI non-convictions (eligible) and convictions (generally ineligible) and the necessary steps, required certified documents, filing fees, and waiting periods.

A driving under the influence (DUI) charge can cast a long shadow over one’s life, affecting everything from employment opportunities to housing applications. Fortunately, Alabama law provides a path—known as expungement—to clear certain criminal records. This process is a legal procedure that allows you to request the removal of specific charges from your public record, granting a fresh start. Understanding the nuanced rules, especially regarding DUI cases, is the first and most crucial step in reclaiming your future.

The Critical Distinction: Expungement vs. Record Sealing

While the terms “expungement” and “record sealing” are often used interchangeably, Alabama’s legal framework centers primarily on expungement for criminal matters. Expungement in Alabama is a powerful remedy that legally deems the proceeding regarding the charge “never to have occurred,” making the record generally inaccessible to the public. Once a record is expunged, you are typically not required to disclose the charge on most applications, except for specific exceptions like applications for law enforcement or corrections positions.

💡 Legal Expert Tip:

The Alabama Supreme Court has emphasized that court records shall not be sealed except upon a written finding of clear and convincing evidence, usually involving trade secrets or confidential commercial information. For a prior DUI, the goal is typically a full expungement under Alabama Code § 15-27-1, rather than simply sealing the record.

DUI Expungement Eligibility in Alabama

The eligibility rules for DUI expungement in Alabama are strict and depend entirely on the final disposition of the case. It is a critical legal point that a DUI conviction is generally not eligible for expungement in Alabama. The expungement law is primarily intended for cases that resulted in a non-conviction.

Eligible DUI Case Outcomes (Non-Conviction):

The charge was Dismissed with Prejudice and at least 90 days have passed.
The person was Found Not Guilty (acquitted) of the charge and at least 90 days have passed.
The charge was No Billed by a Grand Jury and at least 90 days have passed.
The charge was Dismissed after Successful Completion of a Diversion Program (such as a drug court program or veterans court). A petition may be filed one year from the date of successful completion.
The charge was Dismissed Without Prejudice more than one year ago, has not been refiled, and the person has had no other convictions (excluding minor traffic violations) during the previous two years.

⚠️ Caution: DUI Convictions

If your DUI arrest led to a conviction, the record will generally remain on your history indefinitely, as Alabama expungement laws do not typically extend to DUI convictions, even with the 2021 REDEEMER Act amendments. However, a qualified Legal Expert can assess your specific situation, as laws are subject to change and exceptions may apply to certain misdemeanor convictions under the newest statutes (Ala. Code § 15-27-1(b)).

The Alabama DUI Expungement Filing Process

The expungement process is a multi-step legal procedure that must be followed precisely. Jurisdiction for filing an expungement petition lies exclusively with the Circuit Court in the county where the original charges were filed or the arrest occurred.

Essential Steps for Filing a Petition:

Verify Eligibility and Waiting Period: Ensure your case meets one of the non-conviction criteria and the required waiting period has passed.
Obtain Certified Records: This is a mandatory pre-requisite. You must secure two certified documents:
- A certified official criminal record from the Alabama Law Enforcement Agency (ALEA).
- A certified record of arrest, disposition, or the case action summary from the appropriate local law enforcement agency or court.
Complete the Petition: Fill out the official Petition for Expungement of Records (Form CR-65), ensuring only ONE offense/charge is listed per petition.
Pay the Filing Fee: An administrative filing fee of $500 per filing must be paid to the Circuit Court. This fee is a condition precedent to any ruling and generally cannot be waived, though payment plans may be available for indigent petitioners.
File and Serve the Petition: The petition and all documentation must be paper-filed with the Circuit Clerk’s office. You must then serve a copy on the District Attorney, the arresting law enforcement agency, and the clerk of the court.
Wait for Objection Period/Hearing: The District Attorney and any victims have 45 days to file an opposition. If an objection is filed, the court will set a hearing. If there is no objection, the court may rule without a hearing.

Expungement Process Timeline and Costs

Item	Required Cost/Timeline	Source/Note
Administrative Filing Fee	$500 (per case/charge)	Mandatory and cannot be waived, though a payment plan may be set for indigent petitioners.
ALEA Criminal History Report	$25 (plus fingerprinting cost)	Fee for one certified copy of your record.
Court/Arrest Record Copy Fee	Varies (e.g., $10 per charge/count in some counties)	Fee for local certified records of arrest/disposition.
Minimum Waiting Period (Acquittal/Dismissed w/ Prejudice)	90 days	Required after the case is resolved in your favor.
Minimum Waiting Period (Successful Diversion Program)	One year	Applies from the date of successful completion of the program.
Total Process Time (Estimate)	2–4 months (after waiting period)	This includes the mandatory 45-day objection period after filing.

Summary of Key Expungement Takeaways

Navigating the expungement process requires diligence and a clear understanding of your eligibility under Alabama law.

Non-Conviction is Key: In most DUI cases, eligibility for expungement hinges on a non-conviction outcome, such as an acquittal, a dismissal, or successful completion of a court-approved diversion program.
Certified Records are Mandatory: The petition must be supported by certified documents, including a certified criminal record from ALEA and local court records.
The $500 Fee: A mandatory administrative filing fee of $500 per charge must be paid at the time of filing in the Circuit Court.
The Outcome is Powerful: A successful expungement order means the charge is legally deemed never to have happened, offering a true clean slate for most background checks.
Service is Required: Proper legal service on the District Attorney and law enforcement agencies is a mandatory step in the process.

Your Fresh Start Begins Now

A prior DUI charge, even without a conviction, should not define your future. Alabama’s expungement law is designed to help eligible individuals put the past behind them. Given the complexity of navigating court forms, mandatory document gathering (like the ALEA certified criminal record), and the 45-day opposition period, consulting with a knowledgeable Legal Expert is highly recommended to ensure your petition is correctly filed and has the best chance for approval. Don’t allow an old charge to continue creating barriers to your professional and personal life.

Frequently Asked Questions (FAQ)

Q: Can a DUI conviction be expunged in Alabama?

A: Generally, no. Alabama law primarily allows for expungement of non-conviction cases, such as dismissals, acquittals, or successful completion of a pre-trial diversion program. A DUI conviction is typically ineligible.

Q: What is the main cost of filing for expungement?

A: The primary cost is the mandatory, non-refundable administrative filing fee of $500, which must be paid to the Circuit Court for each charge you seek to expunge.

Q: How long does the expungement process take?

A: The process can take 2 to 4 months *after* the initial statutory waiting period has passed. The court will not act on the petition for a minimum of 45 days after it is filed and served to allow for objections.

Q: Do I have to tell employers about an expunged DUI charge?

A: For most applications, no. After expungement, you are generally not required to disclose the record. However, exceptions exist for applications to law enforcement, corrections, and certain sensitive positions.

Legal Disclaimer and AI-Generated Content Notice:

This blog post is for informational purposes only and does not constitute legal advice. While generated by an AI model to provide accurate, up-to-date information on Alabama expungement law (Ala. Code Title 15, Chapter 27), the nuances of your individual case, including eligibility and successful filing, depend on specific facts. You should consult a qualified Legal Expert to discuss your unique situation before taking any action. The law and associated court fees are subject to change without notice.

Alabama DUI Expungement, Record Sealing, Petition for Expungement, Misdemeanor Offense, Non-conviction, Circuit Court, ALEA, Expungement Eligibility, State Courts, Criminal Records, DUI, Criminal, Legal Procedures, Filing & Motions, Petitions, Statutes & Codes, Section 15-27-1, Acquittal, Dismissed, Diversion Program

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