Navigating the legal aftermath of a DWI/DUI charge in Alabama can be complex, especially when considering the long-term impact on employment and housing. This post explores the critical intersection of a “change of plea”—particularly in the context of a diversion program—and the subsequent eligibility for record expungement under Alabama law. Understanding this legal procedure is vital for individuals seeking to clear their names and move past a non-conviction disposition.
Alabama’s expungement laws, primarily governed by Alabama Code § 15-27, permit the sealing of certain criminal records from public view. The landmark 2021 REDEEMER Act significantly expanded who qualifies, allowing for the expungement of non-violent felony and misdemeanor convictions in addition to dismissals. However, when dealing with Driving While Intoxicated (DWI), which is legally referred to as DUI in Alabama, eligibility hinges heavily on the final outcome of the case—specifically, whether it results in a dismissal or a conviction.
🚨 Caution: DUI Convictions and Expungement
While Alabama now allows the expungement of certain misdemeanor convictions, a DUI conviction is often categorized as a serious traffic offense. Generally, serious traffic offenses are explicitly excluded from expungement eligibility, making it extremely difficult to expunge a record if the case results in a standard DUI conviction. The key to expungement in a DWI matter almost always lies in achieving a non-conviction outcome.
In a DWI case, a “change of plea” most often occurs within the context of negotiating a plea bargain or, more favorably, gaining entry into a Pre-Trial Diversion (PTD) Program. A PTD program is often the most direct path to expungement for a first-time DUI offender.
In many Alabama jurisdictions, a defendant may be offered a DUI Deferred Prosecution Program. The procedure typically involves a conditional change of plea:
Because the case results in a dismissal rather than a conviction, the original arrest record is then eligible to be sealed from public access.
If your DWI charge was dismissed after successfully completing a diversion program, you are generally eligible to petition for expungement one year from the date of completion. The charge is treated as a dismissal, which has a far shorter waiting period and fewer restrictions than a conviction.
Once your DWI charge has been dismissed following a successful change of plea into a PTD program, you must take proactive legal steps to clear the arrest record.
A DWI/DUI charge that was dismissed may be eligible for expungement if it meets one of the following criteria under Alabama law:
The expungement process is not automatic; it requires filing a formal petition in the Circuit Court where the original charge was filed.
| Action | Details |
|---|---|
| Obtain Records | A certified copy of your arrest record from the Alabama Law Enforcement Agency (ALEA) and a certified disposition or Case Action Summary from the court. |
| Complete Payments | All fines, court costs, restitution, and other court-ordered amounts must be fully paid. |
| Filing Fee | A non-refundable administrative fee of $500.00 must be paid for each arrest incident being expunged. |
| The Petition | File the official Petition for Expungement of Records in the Circuit Court. |
| Service/Hearing | The District Attorney and other involved agencies must be notified and have the opportunity to object. A hearing may be required if an objection is raised. |
Mr. J.L. was charged with a first-offense DUI. He entered a change of plea to guilty to qualify for the Jefferson County DUI Deferred Prosecution Program. After successfully completing the mandated treatment, paying his fines, and having an Ignition Interlock Device installed for six months, his original guilty plea was set aside, and the charge was dismissed. One year later, Mr. J.L. was eligible to file a Petition for Expungement, successfully clearing the arrest record from public view because the ultimate disposition was a dismissal, not a conviction.
A DUI/DWI arrest record in Alabama will remain public unless formally expunged. If your case resulted in a dismissal—particularly after a change of plea to enter a pre-trial diversion program—you have the legal right to petition the court to seal your record. This critical process allows you to truthfully state on most employment and credit applications that the incident never occurred. Do not navigate this complex legal path alone; seek guidance from a qualified Legal Expert to ensure all requirements under Alabama Code § 15-27 are met.
A: Generally, no. DUI is considered a serious traffic offense in Alabama, and these are typically excluded from expungement eligibility under the law. Eligibility almost exclusively applies to non-conviction outcomes, such as dismissals after a diversion program.
A: A change of plea (usually to guilty) is often a mandatory step to enter a DUI Deferred Prosecution Program. The agreement is that upon successful completion, the plea is set aside, and the case is dismissed. The subsequent expungement is based on this dismissal, not a conviction.
A: The expungement process typically takes between 2 to 4 months from the time the petition is filed to the court’s decision, though this can vary depending on the court’s caseload and whether a hearing is required. The statutory waiting period (e.g., one year for diversion dismissal) must be satisfied first.
A: No. Expungement is a separate legal process and will not affect any restrictions you may have on the right to own, sell, or possess firearms. That process is governed by separate and unrelated laws.
A: The $500 is the non-refundable administrative filing fee. You will also incur costs for obtaining certified court and arrest records, potentially service fees, and most significantly, the fees for retaining a qualified Legal Expert.
This post is for informational purposes only and does not constitute legal advice. Expungement law is highly technical and constantly evolving, particularly with new legislation like the REDEEMER Act. Every case is unique, and eligibility depends on specific facts, including your prior criminal history, the nature of the offense, and the final disposition. You should always consult with a qualified Legal Expert to discuss the facts of your specific case and obtain professional advice regarding your options under Alabama law. This content was generated by an AI assistant.
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