Alabama DWI Records: Expunging Preliminary Hearing Data

A Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) arrest, even one that does not lead to a conviction, can cast a long shadow over your personal and professional life. The record of the initial arrest, the booking, and the subsequent preliminary hearing remains in the public domain, potentially affecting job applications, housing, and other opportunities. Fortunately, Alabama law provides a mechanism—known as expungement—to clear these records and grant you a fresh start.

Understanding the specific requirements of the Code of Alabama § 15-27 is essential to successfully removing records of your DWI/DUI preliminary hearing from public view. This post clarifies the process, eligibility criteria, and critical steps involved in securing an expungement order.

Expungement vs. Sealing: The Alabama Distinction

When seeking to clear a criminal record, the terms “expungement” and “sealing” are often used interchangeably, but in Alabama, it is the expungement process that offers the most comprehensive relief.

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  Expungement: This legal procedure treats the arrest and charge as if they never occurred. The court issues an order to physically delete or remove references to the charge from court, police, and agency records accessible to the public. Once expunged, you can legally deny the arrest or charge on most applications, with exceptions for certain government or licensing agencies.
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  Sealing: This process restricts public access, meaning the record still exists, but is off-limits to the general public and most employers without a court order. In the context of non-conviction criminal cases, Alabama’s statute is primarily designed for the more permanent relief of expungement.

DWI Records and Alabama’s Expungement Eligibility

To expunge a DWI/DUI arrest record in Alabama, the most critical factor is the case outcome. While convictions are generally ineligible for expungement (with some new exceptions for certain misdemeanors), non-conviction cases—which cover most preliminary hearing scenarios—are the primary focus of the law.

Qualifying Dispositions for DWI/DUI Misdemeanor Charges (Ala. Code § 15-27-1)

A misdemeanor DWI charge (or a DWI that was reduced) is eligible for expungement if it meets one of the following criteria, provided 90 days have passed, unless otherwise noted:

The Step-by-Step Petition Process

If your DWI preliminary hearing records are eligible, you must file a formal petition in the Circuit Court where the charges were originally filed.

Key Procedural Requirements

1. Gather Certified Records: You must obtain certified copies of the case action summary, the disposition from the relevant court, and the arrest record from the law enforcement agency. The petition will be incomplete without these certified documents.
2. File the Petition: A sworn petition, typically Form CR-65, must be filed in the Circuit Court. A non-refundable administrative filing fee (usually $300, plus other court costs) must be paid at the time of filing.
3. Service of Process: The District Attorney’s office and any agencies holding records (e.g., arresting police department, court clerk) must be served with a copy of the petition.
4. The 45-Day Objection Period: The District Attorney and any identified victims have 45 days after service to file a written objection. If an objection is filed, the court will likely set a hearing. If no objection is filed, the court may grant the expungement without a hearing.
5. The Expungement Order: If the petition is granted, the court issues an order to expunge the records. This process removes the records from public databases, though a confidential copy remains with the Alabama Law Enforcement Agency (ALEA) for limited, specific purposes.

Summary: Essential Steps for Record Clearance

Navigating Alabama’s expungement law is a detailed procedure that begins with a clear understanding of your case’s final outcome. Here are the most important takeaways:

1. Alabama law focuses on expungement, a powerful legal tool that treats the arrest and charges, including preliminary hearing records, as if they never occurred for most public purposes.
2. Eligibility for DWI records is tied to a non-conviction outcome, such as dismissal with prejudice, a finding of not guilty, or successful completion of a pretrial diversion program.
3. The expungement petition must be filed in the local Circuit Court and requires certified records of the disposition and arrest.
4. The process includes a mandatory waiting period and a 45-day window during which the District Attorney can file an objection to the expungement.

Frequently Asked Questions (FAQ)

Q: Can a non-conviction felony DWI charge be expunged?

A: Yes, if the felony DWI charge was dismissed with prejudice, no-billed by a grand jury, or resulted in a not-guilty finding, it may be eligible for expungement. Different waiting periods apply for charges dismissed without prejudice or those resolved via a deferred prosecution program.

Q: How long does the expungement process typically take in Alabama?

A: The entire process generally takes between two to four months. This includes the time needed to gather certified records, file the petition, and wait for the mandatory 45-day objection period for the District Attorney to expire.

Q: Does expungement clear my record for employment with law enforcement?

A: No. While expungement clears your record for most private employment, you are still required to disclose expunged charges when applying for a position with law enforcement or corrections agencies.

Q: What is the filing fee for a Petition for Expungement?

A: The administrative filing fee is typically $300, payable to the court when the petition is submitted. Additional court costs and fees for certified records will also apply.

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