Categories: Court Info

Alabama DUI Record Sealing: Clearing Your Arrest Record

Meta Description: Understand Alabama’s expungement law for DWI/DUI cases. Learn the critical difference between expunging an arrest record versus a conviction, eligibility requirements, waiting periods, and the step-by-step process to seal your non-conviction records under the Alabama Code.

A Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) arrest in Alabama can have lasting consequences, affecting everything from job applications to housing opportunities. Even if your case never resulted in a conviction—perhaps the charge was dismissed, or you were found not guilty—the arrest record often remains on your public criminal history report.

For those seeking a fresh start, the legal concept of expungement offers a powerful remedy. While commonly referred to as “record sealing” or “clearing your record,” in Alabama, this process is governed by the state’s expungement law (found in the Code of Alabama 1975, Section 15-27), which dictates how non-conviction records related to a DWI or DUI can be effectively removed from public view.

The Critical Distinction: Conviction vs. Non-Conviction

Before proceeding, it is absolutely essential to understand the law’s strict limitation on expunging DUI offenses:

⚠ Caution: DUI Convictions Cannot Be Expunged

In Alabama, a DUI conviction is generally not eligible for expungement. The law typically excludes traffic-related convictions from the expungement process, meaning a guilty plea or a finding of guilt will remain on your driving and criminal records.

However, the process is specifically designed for non-conviction outcomes.

The goal of “record sealing” for a DUI is to clear the criminal history of the arrest, charge, and court documents when the case did not end in a conviction. This is achieved when one of the following non-conviction events occurred:

The DUI charge was Dismissed (with or without prejudice).
You were found Not Guilty (acquitted).
The Grand Jury issued a No-Bill.
The charge was dismissed after the Successful Completion of a Diversion Program (such as Drug Court, Mental Health Court, or a court-approved deferred prosecution program).

Eligibility Requirements and Waiting Periods (Ala. Code § 15-27)

To qualify for an expungement petition in the Circuit Court, your case must fall into one of the eligible non-conviction categories and satisfy the relevant statutory waiting period.

Case Outcome	Waiting Period
Found Not Guilty or Dismissed with Prejudice	Immediately (after 90 days, according to some forms).
Dismissed Without Prejudice (Misdemeanor or Violation)	Two Years from the date of dismissal, provided no subsequent convictions occur.
Dismissed After Successful Diversion Program Completion	One Year from the date of program completion.

A crucial factor the court will consider is your criminal history during the waiting period. Generally, you must not have been convicted of any other felony, misdemeanor, or non-minor traffic violation during the required time.

The Step-by-Step Process for Expungement

Petitioning for expungement is a formal legal procedure that requires precision and adherence to statutory guidelines. Here is an overview of the required steps:

1. Obtain Certified Records

You must gather two essential certified records before filing:

A certified copy of your criminal history record from the Alabama Law Enforcement Agency (ALEA).
A certified record of arrest, disposition, or the case action summary from the appropriate local court or law enforcement agency.

2. File the Petition

A Petition for Expungement of Records (often form CR-65) must be properly filed with the Circuit Court in the county where the arrest or case was disposed. Importantly, only one charge can be filed per petition, which means multi-count arrests may require multiple filings and associated fees.

3. Pay the Administrative Fee

An administrative filing fee of five hundred dollars ($500.00) must be paid upon filing. This fee is a condition precedent to any ruling. If you are indigent, the court may, but is not required to, set up a payment plan, but the fee must be paid in full before the expungement is granted.

4. Notify Required Parties

The law mandates that the Petitioner serve a copy of the Petition on the following parties:

The District Attorney of the jurisdiction.
The law enforcement agency involved in the arrest.
The clerk of the court of the jurisdiction.
Any other agency holding records you seek to have expunged.

5. Court Review and Order

The District Attorney has the right to oppose the petition. The judge will review the petition, considering factors like the severity of the original charge, your age, evidence of rehabilitation, and your probation/parole records. If the petition is opposed, a hearing may be scheduled. Upon a successful ruling, the court issues an Order of Expungement, which requires the relevant agencies to seal or destroy the records.

★ Legal Expert Tip

The expungement process involves specific documents, mandatory waiting periods, and the possibility of a contested hearing. Consulting an experienced Legal Expert familiar with Alabama’s expungement statutes can significantly improve the success of your petition and ensure all proper procedures are followed from the start.

The Power of a Sealed Record

Once an expungement is granted, the effect on your future opportunities is profound. The law treats the expunged charge as if it never occurred.

What an Expungement Does

You can generally and lawfully state on job or rental applications that the arrest/charge did not happen.
Records are removed from public criminal history databases.
Courts and agencies, in response to most inquiries, must state that no record exists.

*Note: There are exceptions; expunged records are typically disclosed for law enforcement, corrections, or sensitive government positions.

Summary of Alabama DWI Record Relief

Navigating the nuances of DUI record sealing in Alabama requires a clear understanding of the law’s limitations and the precise path to relief. By pursuing an expungement for a non-conviction DUI, you are exercising your legal right to safeguard your future.

DUI Convictions are generally not eligible for expungement; the focus is on arrest and pre-trial records.
Expungement applies to DWI/DUI cases that were dismissed, no-billed, or resulted in an acquittal.
Mandatory waiting periods of one, two, or five years (for felonies, though DUI is a misdemeanor first offense) apply, depending on how the case was resolved.
The process involves obtaining certified records, filing a formal petition in Circuit Court, and paying a non-refundable administrative fee.
A successful expungement legally allows you to deny the existence of the expunged arrest/charge in most civilian contexts.

Take the Next Step to Clear Your Past

A lingering DUI arrest record can unjustly hinder your personal and professional growth. If your DWI charge did not result in a conviction, you are likely eligible to petition the court for expungement under Alabama law. Do not let a past arrest define your future opportunities. Review the statutory requirements and consider seeking guidance from a qualified Alabama Legal Expert to initiate the sealing of your record today.

Frequently Asked Questions (FAQ)

Q: Can I expunge a DUI conviction in Alabama?

A: Generally, no. Alabama law severely limits the expungement of convictions, especially for traffic violations like DUI. Expungement is primarily available for DUI arrests and charges that resulted in a non-conviction outcome, such as a dismissal or an acquittal.

Q: What is the main difference between “sealing” and “expunging” my record?

A: In Alabama adult criminal law, the process is called expungement. An expungement order causes the records to be sealed or destroyed, effectively removing them from public access and allowing the individual to legally deny the existence of the arrest or charge in most settings.

Q: How long do I have to wait to file for DUI expungement after a dismissal?

A: The waiting period depends on the type of dismissal: Immediately if dismissed “with prejudice” or a not guilty verdict; two years if a misdemeanor is dismissed “without prejudice;” and one year if dismissed after completing a diversion program.

Q: Will an expungement clear my driving record with ALEA?

A: An expungement clears your criminal history record of the arrest and court case. However, the expungement process primarily addresses the criminal record and may not automatically remove the DUI from your separate, administrative driving record, which is often maintained by ALEA for a set period (e.g., 10 years) for administrative purposes.

Q: Is there a fee to file for expungement?

A: Yes, there is a mandatory administrative filing fee of $500.00 that must be paid to the Circuit Court when the petition is filed. This fee may not be waived, but a payment plan may be available if you are found to be indigent.

Disclaimer: This blog post provides general information about Alabama law and is not legal advice. Expungement eligibility and the law are subject to change (e.g., the REDEEMER Act of 2021). Specific situations should be discussed with a qualified Legal Expert. This content was generated by an AI assistant.

Alabama DWI Expungement, DUI Record Sealing Alabama, Clear DUI Arrest Record AL, Expunge Non-Conviction DUI Alabama, Alabama Code 15-27, DWI Dismissed Expungement, Alabama Traffic Violation Expungement, Petition for Expungement Alabama, DUI Diversion Program Expungement, Alabama Criminal Record Expungement, DWI Arrest Record, Alabama Expungement Law, Sealing Court Records, Non-Conviction DUI, Criminal History Report, Expungement Petition, Traffic Violation Expungement, Driver’s License Record.

geunim