Clearing Your Alabama DWI Arrest Record: Expungement

A DWI or DUI arrest in Alabama leaves a lasting mark on your criminal history, regardless of the case outcome. For those who were arrested or charged but never convicted, this permanent record can create significant barriers to employment, housing, and educational opportunities. The good news is that Alabama law, specifically the Expungement Law found in Title 15, Chapter 27 of the Code of Alabama, provides a path to clear certain non-conviction records, including those related to a DWI booking.

This post clarifies the crucial distinction between expunging a DWI conviction (which is generally forbidden) and expunging a DWI arrest or charge that resulted in a favorable disposition, often referred to as a “booking expungement”.

The Critical Distinction: Arrest vs. Conviction Expungement

Before initiating the process, it is vital to understand what the law allows:

Eligibility Requirements for DWI Booking Expungement

To expunge records related to a DWI or DUI charge in Alabama, the charge must be a non-felony (misdemeanor, violation, or traffic/municipal ordinance) or a non-violent felony, and one of the following criteria must be met:

• The charge was dismissed with prejudice.
• You were found not guilty of the charge (acquittal).
• The charge was no-billed by a grand jury.
• The charge was dismissed without prejudice more than two years ago, has not been refiled, and you have had no other criminal convictions (excluding minor traffic violations) during those two years.
• The charge was dismissed after successful completion of a court-approved program (such as a diversion program or drug court), and the required time period (e.g., one year) has passed since completion.

The Multi-Step Petition Process in Alabama

The expungement process is not automatic; it requires action and a sworn petition filed in the criminal division of the relevant Circuit Court.

Step 1: Obtain Required Certified Documents

Gathering the correct certified records is the most critical first step. You must obtain two main types of documents:

Document Type	Source Agency
Certified Official Criminal History Record	Alabama Law Enforcement Agency (ALEA). This requires fingerprints and a fee.
Certified Record of Arrest, Disposition, or Case Action Summary	The local law enforcement agency (for arrest/booking records) or the appropriate court (for disposition/case summary).

Step 2: File the Petition and Pay Fees

You must file the “Petition for Expungement of Records” (Form CR-65) in the Circuit Court of the county where the original charge was filed.

• The petition must be a sworn statement affirming you meet the expungement requirements.
• You must list every agency or department where you were booked, incarcerated, or detained pursuant to the arrest, to ensure all records are cleared.
• A mandatory administrative filing fee of $500.00 must be paid to the court, and all fines, court costs, and restitution related to the case must be paid in full.

Step 3: Service of Process and Objection Period

A copy of the petition and sworn affidavit must be served upon the District Attorney’s office, the arresting law enforcement agency, and the clerk of court. These parties, particularly the District Attorney, have a period (typically 45 days) to file an objection to the expungement.

Step 4: The Order of Expungement

If the court grants the petition, it will issue an “Order of Expungement.” This order legally requires all agencies—including the court, the arresting police department (who hold the booking record), and ALEA—to forward their records to ALEA for destruction or sealing. The law mandates that the proceedings “shall be deemed never to have occurred”.

Summary of Expungement Key Points

1. Expungement in Alabama is a judicial process, not an automatic one. You must file a petition in the Circuit Court.
2. The law permits the expungement of DWI/DUI arrests and charges that resulted in a non-conviction (dismissal, no-bill, acquittal).
3. Alabama law explicitly excludes DUI convictions from misdemeanor expungement eligibility.
4. The petition must include two certified documents: one from ALEA (criminal history) and one from the local entity (arrest/disposition record).
5. Expungement clears the record from public view, including booking and arrest records, allowing you to legally state that the event did not occur.

Frequently Asked Questions (FAQ)

Q: Can a DUI conviction be expunged in Alabama?

A: Generally, no. While Alabama expanded expungement eligibility to include many misdemeanor convictions in 2021, the law specifically maintained the exclusion for DUI convictions, meaning they remain permanent on your record.

Q: How long do I have to wait to file for expungement?

A: If your case was dismissed with prejudice or you were found not guilty, you can generally file immediately (after a 90-day waiting period outlined in court forms). If it was dismissed without prejudice, you must wait two years and have no intervening convictions.

Q: What is the filing fee for an expungement petition?

A: The mandatory administrative filing fee for the Circuit Court is $500.00 per arrest, payable at the time of filing. This fee is a prerequisite for any expungement ruling and cannot be waived, though an indigent petitioner may be granted a payment plan. Additional court costs and fees for certified records also apply.

Q: What records are actually cleared after a successful expungement?

A: A successful Order of Expungement clears all judicial and agency records from public view. This includes the initial booking and arrest records held by the local police, the court file, and the criminal history record maintained by the Alabama Law Enforcement Agency (ALEA).

Navigating the complexities of the Alabama expungement process, particularly when dealing with DUI-related matters, requires meticulous attention to detail. By understanding the strict eligibility rules for a non-conviction and diligently following the required judicial steps, you can successfully remove the public record of a prior DWI booking and move forward with a cleaner background.

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