A Professional Guide to Alabama Drug Possession Expungement
Navigating the path to a clear record in Alabama can be complex, especially for charges related to controlled substances. This guide details the eligibility requirements, waiting periods, and step-by-step process for expunging non-conviction and certain conviction records under Alabama law, including the impact of the Redeemer Act.
A criminal record, even one that only shows an arrest or a charge that was ultimately dismissed, can create significant barriers to employment, housing, and professional licensing opportunities. For individuals in Alabama who have dealt with drug possession charges, securing an expungement is a crucial step toward achieving a “clean slate” and moving forward with their lives. Alabama’s expungement statute, significantly updated by the 2021 Redeemer Act, offers a legal pathway to remove certain records from public view, allowing a person to legally state that the arrest or charge never occurred for most non-governmental inquiries.
Understanding Expungement Eligibility in Alabama
The first step in clearing a drug-related charge is determining if your case qualifies under Alabama Code § 15-27-1, et seq. The law primarily distinguishes eligibility based on the resolution of the case, focusing heavily on non-conviction outcomes and non-violent offenses.
Key Non-Conviction Outcomes That Qualify
- Dismissal with Prejudice: The charge was dropped and cannot be refiled by the prosecutor. This is generally eligible for expungement after a 90-day waiting period.
- Acquittal (Not Guilty Verdict): If you were found not guilty at trial, the charge is eligible for expungement after 90 days.
- No-Bill by a Grand Jury: A grand jury declined to issue an indictment. This also has a 90-day waiting period.
- Successful Diversion Program: The charge was dismissed after the successful completion of a court-approved program, such as a Drug Court or Mental Health Court program. The waiting period is typically one year after the program’s completion.
It is vital to note that expungement generally applies only to non-violent offenses. Charges like drug trafficking or violent offenses are typically barred from expungement.
The Critical Waiting Period Requirements
Alabama law requires a specific waiting period, which varies based on the case’s outcome, before a petition can be filed. Failure to observe this period will result in the petition’s denial.
| Case Resolution | Misdemeanor/Violation | Non-Violent Felony |
|---|---|---|
| Dismissed with Prejudice, Acquittal, No-Bill | 90 days | 90 days |
| Successful Diversion/Drug Court | 1 year after completion | 1 year after completion |
| Dismissed Without Prejudice | 2 years (with no new convictions) | 5 years (with no new convictions) |
Tip: The Importance of a Clean Record During the Waiting Period
For any waiting period (especially 2-5 years), you must not be convicted of any other felony, misdemeanor, violation, or traffic offense (excluding minor violations) during that time to maintain eligibility.
The Step-by-Step Expungement Process
The expungement process is initiated by filing a formal petition in the Circuit Court of the county where the original charge was filed. While the process is not prohibitively complicated, working with a Legal Expert is highly recommended to ensure all mandatory requirements and documentation are correct.
Required Documentation and Steps
- Obtain Certified Records: You must first obtain a certified copy of your criminal history record from the Alabama Law Enforcement Agency (ALEA), which typically requires a set of fingerprints. You also need a certified record of arrest, disposition, or a case action summary from the court or law enforcement agency.
- File the Petition: Complete the official “Petition for Expungement of Records” form (CR-65) from the Alabama Office of Administrative Courts. Each arrest incident or charge to be expunged generally requires a separate petition and fee.
- Pay the Fee: A non-refundable administrative filing fee of $500 per arrest incident must be paid to the Circuit Court at the time of filing.
- Serve Notice: You must serve a copy of the petition and sworn affidavit on the District Attorney’s office, the arresting law enforcement agency, and the clerk of the court.
- The Objection Period: The District Attorney has 45 days to file a written objection to the expungement. If an objection is filed, a court hearing will be set. If no objection is filed, the judge can rule on the petition without a hearing.
- The Order: If approved, the court issues an Order of Expungement, directing all relevant agencies (including ALEA) to seal the records from public access.
Case Study: Successful Completion of Drug Court
Mr. T was arrested for possession of a controlled substance (a non-violent felony) in Jefferson County. He elected to participate in the local Drug Court program. After successfully completing the program and demonstrating compliance with all requirements, his charge was dismissed. One year after his successful discharge, Mr. T filed a Petition for Expungement. Due to the successful completion of the court-approved diversion program, he was eligible for expungement, and the judge granted the order, allowing him to pursue a new career path without the burden of the arrest record.
The Special Case of Conviction Expungement (Misdemeanors)
While the long-standing rule in Alabama was that convictions could not be expunged, the Redeemer Act has expanded eligibility to include certain convictions. Specifically, a non-violent misdemeanor drug conviction may be eligible if you meet the following stringent requirements:
- You completed all probation or parole requirements, including payment of all fines, costs, restitution, and other court-ordered amounts.
- Three years have passed from the date of the conviction.
- You have not been convicted of any other felony or misdemeanor crime during that three-year waiting period.
- The conviction was not for a violent, sexual, serious traffic, or moral turpitude offense.
Note on Felony Convictions:
Expunging a felony conviction remains significantly more difficult. In most cases, a non-violent felony conviction requires first receiving a full pardon from the Alabama Board of Pardons and Paroles that restores your civil and political rights. Only after receiving the pardon and waiting an additional 180 days can a petition for expungement be filed.
Summary of Your Path to a Clear Record
For those seeking to expunge a drug-related charge or conviction in Alabama, a careful review of the law and precise execution of the filing process is paramount. The benefits—such as increased employment and housing opportunities—are life-changing.
- Determine Eligibility: Confirm your charge was non-violent and resulted in a non-conviction (dismissal, acquittal) or qualifies as an eligible misdemeanor conviction.
- Respect the Waiting Period: Observe the mandatory waiting period (90 days, 1 year, 2 years, or 3 years/5 years) based on the specific case resolution.
- Gather Documentation: Obtain a certified criminal history from ALEA and the case action summary from the court.
- File and Serve: File the Petition and the $500 fee in the Circuit Court and serve notice on the required agencies.
- Seek Expert Guidance: Consult a Legal Expert to ensure compliance and improve your chances of a successful outcome.
Card Summary: Alabama Expungement at a Glance
Statute: Code of Alabama 1975, Section 15-27-1, et seq. (The Redeemer Act)
Primary Goal: To seal certain non-conviction records (and limited non-violent misdemeanor convictions) from public background checks.
Drug Charge Focus: Most possession charges are non-violent and thus potentially eligible if dismissed or acquitted, or if completed through a Drug Court diversion program.
Cost: $500 non-refundable filing fee per arrest incident, plus costs for certified records.
Key Requirement: Completion of all court-ordered payments and no subsequent criminal convictions during the mandatory waiting period.
Frequently Asked Questions (FAQ)
Q: Can I expunge a conviction for misdemeanor marijuana possession?
A: Yes, certain non-violent misdemeanor convictions, which would include many marijuana possession cases, may be eligible for expungement if three years have passed since the conviction, all court-ordered payments were made, and you have no new convictions during that period.
Q: How long does the expungement process take?
A: The entire process, from filing to receiving the court’s decision, typically takes about 2 to 4 months, though this can vary depending on the court’s caseload and whether a hearing is required.
Q: Does an expungement mean the record is completely destroyed?
A: No. Expungement in Alabama seals the record from public view, meaning it won’t appear on standard background checks. However, certain entities, such as government, regulatory, and licensing agencies, financial institutions, and law enforcement, still retain the right to inspect the expunged records.
Q: What happens if the District Attorney objects to my petition?
A: If the District Attorney files a written objection within 45 days, the court will set the case for a hearing. At the hearing, a judge will review the facts, including the nature of the offense and evidence of rehabilitation, to determine whether to grant the expungement.
Q: Is it possible to expunge a violent drug-related felony?
A: Generally, no. Violent felonies are explicitly excluded from expungement under Alabama law. Even non-violent felonies require a full pardon before expungement is possible, and violent offenses like drug trafficking may be excluded.
AI Content Disclaimer
This legal blog post was generated by an Artificial Intelligence and is for informational purposes only. It is not a substitute for professional legal advice or consultation. While based on current Alabama statute (Code of Alabama 1975, Section 15-27), expungement eligibility and procedure can change and must be verified. Always consult with a qualified Legal Expert in Alabama to discuss the specifics of your case before taking any action.
Moving beyond a past drug charge is possible through the legal process of expungement. By carefully following the eligibility criteria and filing procedures outlined by Alabama law, you can remove the public record of a drug possession case and secure the clean slate you deserve. Consulting a local Legal Expert will ensure a compliant and effective petition. The information provided herein is not legal advice.
Alabama expungement law, drug charge expungement, criminal record clearance, non-violent felony expungement, misdemeanor drug conviction, Redeemer Act Alabama, expungement process, court records sealed, eligibility requirements, waiting periods, $500 filing fee, certified criminal history, not guilty verdict, dismissed with prejudice, successful diversion program, controlled substances expungement, clean slate Alabama, civil rights restoration, expungement petition
Please consult a qualified legal professional for any specific legal matters.