Categories: Court Info

Alabama DWI Expungement: Clearing Non-Conviction Records

Q: Can I expunge an Alabama DWI/DUI conviction?

Generally, no. Alabama's expungement law specifically excludes DWI/DUI convictions from eligibility. Expungement is typically available only for non-convictions (dismissals, acquittals, etc.) or if a conviction was later pardoned.

Post Overview: Alabama Expungement of DWI/DUI Charges

The consequences of a Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) arrest in Alabama can persist for years, even if the charge did not result in a conviction. The state’s expungement laws, primarily found in Title 15, Chapter 27 of the Code of Alabama, offer a critical path to clear records for certain non-conviction outcomes. This professional guide details the eligibility requirements, waiting periods, and the necessary steps to petition the court for an expungement.

A past criminal record—even one that reflects a dismissed charge—can significantly impact opportunities for employment, housing, and education. While Alabama’s expungement laws, especially those expanded by the REDEEMER Act of 2021, have broadened eligibility for clearing records, specific rules apply to DWI/DUI cases. Understanding the distinction between a DWI/DUI charge and a DWI/DUI conviction is the key to navigating the expungement process successfully.

DWI/DUI Convictions vs. Non-Convictions: A Critical Distinction

In Alabama, the expungement process focuses heavily on the final disposition of the charge. The crucial point to recognize is that while the law allows for the expungement of many misdemeanor convictions, it specifically excludes DWI/DUI convictions from eligibility.

Caution: DWI/DUI Convictions

As of the latest legislative updates (including the 2021 REDEEMER Act), a conviction for a DWI or DUI offense is generally not eligible for expungement under Alabama law. If you were convicted, your options are typically limited to seeking a Pardon with Restoration of Civil and Political Rights, which may then allow for expungement of the conviction record.

Eligibility for Non-Conviction DWI/DUI Cases

The good news is that if your DWI/DUI case resulted in a non-conviction, the arrest record is likely eligible for expungement. This process removes the record of arrest and charge from public access, allowing you to truthfully state on most applications that you have not been arrested for that offense.

A DWI/DUI charge may be eligible for expungement if the outcome was one of the following, provided the specified waiting period has passed:

Case Dismissed with Prejudice: The charge was permanently dropped by the prosecution.
Finding of Not Guilty (Acquittal): You were acquitted of the charge after a trial.
No-Billed by a Grand Jury: A grand jury declined to issue an indictment.
Nolle Prossed Without Conditions: The prosecutor formally dropped the charge, and it has not been refiled.
Dismissal After Diversion Program: The charge was dismissed after the successful completion of a drug court, mental health court, or other court-approved deferred prosecution program.

The Waiting Periods and Filing Requirements

The specific waiting period required before filing your expungement petition depends entirely on the resolution of the case, as outlined in the Code of Alabama § 15-27-1.

Alabama DWI/DUI Expungement Waiting Periods (Non-Conviction)
Case Outcome	Waiting Period Before Filing
Acquittal, Dismissed with Prejudice, No-Billed, or Nolle Prossed	90 days from the date of disposition
Dismissal after Successful Completion of a Diversion/Drug Court Program	1 year from the date of successful completion

The Formal Expungement Process

The expungement process in Alabama is initiated by filing a petition in the Criminal Division of the Circuit Court in the county where the original charges were filed. This is not an automatic process—you must take action.

Key Steps in the Filing Process

Obtain Certified Records: You must first gather certified records of your arrest and the disposition of the case from the Alabama Law Enforcement Agency (ALEA) and the relevant court.
File the Petition: A sworn Petition for Expungement of Records (Form CR-65) must be filed in the Circuit Court.
Pay the Fee: The mandatory administrative filing fee is $500.00, payable to the court clerk. Note that one fee covers all charges arising from a single arrest incident.
Service and Objection: The District Attorney and relevant entities must be served with a copy. They have a right to object to the petition, which may lead to a hearing.
Court Review and Order: The court reviews the petition. If an objection is filed, a hearing is often required. The final decision to grant expungement is at the sole discretion of the judge.

Case Focus: The Power of a Not Guilty Verdict

A “not guilty” verdict (or acquittal) is one of the strongest grounds for expungement, as it signifies a judicial finding that the prosecution did not prove the charge beyond a reasonable doubt. After an acquittal in a DWI/DUI case, you are eligible to file the expungement petition after only a 90-day waiting period. This step is vital because even a record showing “not guilty” is still part of your public criminal history until it is formally expunged.

Summary of Expungement Key Takeaways

Non-Conviction is Key: Alabama law currently allows for the expungement of DWI/DUI charges only if they resulted in a non-conviction (e.g., dismissal, acquittal, no-bill).
Mandatory Waiting Periods: The waiting period is either 90 days (for acquittal/dismissal with prejudice) or 1 year (for successful diversion program completion).
The Filing Requirement: Expungement is not automatic; a sworn petition must be filed in the Circuit Court, along with a $500 administrative fee.
Benefit: Public Record Clearance: A successful expungement shields the record from most public background checks by employers and landlords.

Clear Your Name: Get Professional Guidance

Navigating the complexities of Alabama’s expungement statutes (Code of Alabama § 15-27) requires meticulous attention to detail and precise adherence to filing rules. Because DWI/DUI convictions are generally excluded, correctly establishing your non-conviction status and complying with all waiting periods and documentation is paramount. Consulting with an experienced Legal Expert is highly recommended to ensure your petition is properly filed and to increase your chances of successfully clearing your record.

Frequently Asked Questions (FAQ)

Q: Can I expunge an Alabama DWI/DUI conviction?

A: Generally, no. Alabama’s expungement law, even after the REDEEMER Act, specifically excludes DWI/DUI convictions from eligibility. Expungement is typically available only for non-convictions (dismissals, acquittals, etc.) or if a conviction was later pardoned.

Q: How much does it cost to file a petition for expungement in Alabama?

A: The administrative filing fee set by the State of Alabama is $500.00. This fee must be paid when filing the petition with the Circuit Court. Additional costs may include attorney fees and fees for obtaining certified records.

Q: What is the waiting period for expunging a DWI/DUI charge that was dismissed?

A: If the charge was dismissed with prejudice or you were found not guilty, the waiting period is 90 days from the date of disposition. If the charge was dismissed after successfully completing a diversion program, the waiting period is 1 year from the date of completion.

Q: Does expungement clear my record completely?

A: An Alabama expungement clears or seals the record of the arrest and charge from most public access, including typical background checks by employers and landlords. However, law enforcement agencies and certain other entities (like utilities or the Department of Human Resources) may still have access to the expunged records.

Disclaimer: This blog post was generated by an Artificial Intelligence and is for informational purposes only. It is not a substitute for legal advice. Laws regarding expungement, especially those related to DWI/DUI, are complex and subject to change (e.g., Code of Alabama § 15-27). Individuals should always consult with a qualified Legal Expert to discuss their specific case and eligibility.

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