Clear Your Past: Alabama DUI Record Expungement Guide

The moment of a DUI arrest—including the bail hearing and initial processing—can leave a lasting, public scar on your criminal history. For individuals in Alabama seeking to move past a prior charge, understanding the state’s complex expungement laws is critical. While DUI convictions are frequently deemed permanent, records relating to an arrest, charge, or bail hearing that did not result in a conviction can often be officially sealed. This guide details the legal pathways available to clear your public record in Alabama, focusing on DUI cases.

Understanding Alabama’s Record Expungement Framework

Alabama Code § 15-27 is the legal foundation governing the expungement of criminal records in the state. The primary goal of an expungement is to remove the public record of an arrest, charge, or case action summary, making it unavailable to the general public, including most employers.

It is crucial to understand the distinction in Alabama law:

• Expungement of Non-Conviction Records: This is the most common path for DUI cases. If you were arrested or charged, but the case was later dismissed, a grand jury issued a “no-bill,” you were found not guilty (acquitted), or you successfully completed a diversion program, you are likely eligible to petition for expungement of that arrest record. Records related to the bail hearing are part of this court record and are typically included in the expungement.
• Expungement of Conviction Records: Many Alabama legal experts consider DUI convictions a “serious traffic offense,” which often classifies them as an excludable offense under the statute. This generally means a DUI conviction cannot be expunged, making the record of conviction permanent. However, some non-violent misdemeanor convictions may be expunged after a three-year waiting period, provided they are not specifically excluded serious traffic offenses.

Eligibility and Waiting Periods for Non-Conviction DUIs

The waiting period required before you can file your Petition for Expungement depends entirely on the disposition (outcome) of your DUI charge. You must meet one of the following criteria:

Case Outcome	Minimum Waiting Period
Dismissed With Prejudice, Found Not Guilty (Acquittal), or No-Billed by Grand Jury	90 days from the date of the action.
Dismissed After Successful Completion of a Diversion Program (e.g., Drug Court, Pre-Trial Diversion)	1 year from the date of successful completion.
Dismissed Without Prejudice (and not refiled)	1 year from the date of dismissal, provided you have no other convictions in the subsequent two years.

The Expungement Process: 5 Key Steps

The procedure for seeking expungement of a DUI-related arrest or charge record is uniform across all eligible cases in Alabama. The petition must be filed in the Circuit Court of the county where the arrest or charge originated.

1. Obtain Certified Records: You must first obtain a certified official criminal record from the Alabama Law Enforcement Agency (ALEA). You also need a certified record of arrest, disposition, or a case action summary from the relevant law enforcement agency or court.
2. File the Petition: Complete and file the official Petition for Expungement of Records (Form CR-65) with the Circuit Court Clerk.
3. Pay the Filing Fee: A mandatory, non-refundable administrative filing fee of $500.00 must be paid per arrest incident at the time of filing. If you qualify as indigent, the court may set a payment plan, but the full amount must be paid before any expungement order is granted.
4. Serve Required Parties: You are responsible for officially serving the District Attorney, the originating law enforcement agency, and the Clerk of the Court in the relevant jurisdiction with a copy of the petition.
5. Attend the Hearing (If Necessary): The judge may grant the expungement based on the petition and the State’s response, or they may set a hearing. If a hearing is held, you or your Legal Expert will present arguments on your eligibility and why the public interest is served by granting the expungement.

Summary of DUI Record Sealing in Alabama

Clearing a DUI-related record is possible, but only under specific, strict conditions outlined in Alabama law.

1. DUI convictions are generally considered permanent and non-expungable in Alabama due to their classification as serious traffic offenses.
2. Expungement is primarily available for DUI cases that resulted in a non-conviction, such as a dismissal, acquittal, or successful completion of a court-approved diversion program.
3. Records associated with the initial arrest, including the bail hearing and booking information, are the documents sealed from the public once an expungement order is granted.
4. The process requires filing the CR-65 petition, providing certified criminal records, and paying a non-refundable $500 fee.

Frequently Asked Questions (FAQ)

Q: What does “sealing” a record mean in Alabama?
A: The term used in Alabama law is expungement, which means the records are removed from the public domain as though the incident never occurred. Only criminal justice agencies and specific government entities retain limited access for law enforcement purposes.

Q: Can I expunge a DUI conviction in Alabama?
A: Generally, no. DUI convictions are typically excluded from expungement eligibility as “serious traffic offenses” under Alabama Code § 15-27-1. The ability to expunge usually applies only to DUI arrests that did not result in a conviction.

Q: Is the $500 filing fee refundable if my petition is denied?
A: No. The $500 administrative filing fee is non-refundable and must be paid as a condition precedent to any ruling by the circuit court.

Q: How long does the expungement process take?
A: Once the mandatory waiting period has passed and the petition is filed, the process typically takes about 2 to 4 months to receive a court decision, but this can vary based on the court’s caseload and case complexity.

Q: Do I need a Legal Expert to file for DUI expungement?
A: While not legally required, the process is complex and often requires meticulous attention to detail regarding certified records, service, and statutory compliance. It is highly recommended to consult with an experienced Legal Expert to ensure all requirements are met and improve your chances of success.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Alabama expungement law is highly specific and constantly evolving. Consult with a qualified legal expert licensed in Alabama to discuss the facts of your individual case. This content was generated by an AI assistant.

Moving Forward

Having a DUI arrest record expunged is a powerful step toward securing better opportunities in employment, housing, and education. If your case was dismissed, acquitted, or diverted, you have a legal right under Alabama law to pursue record clearance and put your past behind you.

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