Understanding the Alabama Driving Without a License Charge

A citation for driving without a license in Alabama, whether it’s for never having obtained one (Ala. Code § 32-6-1) or for driving with a suspended or revoked license (Ala. Code § 32-6-19), initiates a serious legal process that can impact your future. These offenses are generally classified as a misdemeanor or a violation. A conviction carries fines, court costs, and an additional penalty of $50, which is split between the Traffic Safety Trust Fund and the Peace Officers Standards and Training Commission Fund.

For those facing such a charge, there are two primary legal avenues to address the outcome: the appeal process, which challenges a conviction, and the expungement process, which seeks to erase the record of the charge itself.

The Judicial Appeal Process in Alabama

If you are convicted of a traffic violation like driving without a license in a lower court, such as a Municipal or District Court, you have the right to appeal the decision. This is not a request for mercy but a formal request for a new trial.

Once the appeal is filed, the case is transferred to the Circuit Court for the county where the offense occurred. This transfer results in a trial de novo, meaning the entire case is heard anew, as if the first trial never happened. A crucial difference is that in Circuit Court, you have the option to request a jury trial, which is not permitted in the initial Municipal Court hearing.

Expungement in Alabama: Clearing the Record

Expungement is the court-ordered removal of a criminal charge record from public access, effectively giving an individual a clean slate for purposes like background checks by employers and landlords. The legal framework for this process is found in the Code of Alabama 1975, Chapter 27 (Section 15-27).

Eligibility for Traffic and Misdemeanor Offenses

The eligibility for expunging a “Driving Without a License” charge or other traffic violations depends entirely on the outcome of the case. Traffic violations are included in the categories of non-felony charges that may be expunged.

Expungement Waiting Periods (Ala. Code § 15-27-1)

Case Outcome	Waiting Period (Non-Conviction)
Dismissed with prejudice, Not Guilty, No-Billed, or Nolle Prossed	90 days from the date of the action.
Dismissed without prejudice	2 years from the date of dismissal, provided the charge hasn’t been refiled and the person has no other convictions (excluding minor traffic violations) during those two years.
Conviction (Misdemeanor/Traffic Violation)	3 years from the date of conviction, and all fines/costs/restitution must be paid.

The Expungement Process and Court Jurisdiction

The petition for expungement must be filed in the Circuit Court of the county where the original charges were filed, regardless of which lower court handled the initial case.

Summary of Legal Steps

Key Steps for Record Clearance

1. Initial Challenge (Appeal): If convicted in a lower court (e.g., Municipal Court), file a written appeal notice and bond with that court within 14 days to secure a trial de novo in the Circuit Court.
2. Determine Eligibility for Expungement: Review the case outcome—whether it was dismissed (with or without prejudice) or resulted in a conviction—to confirm that the appropriate waiting period (90 days, 2 years, or 3 years) has passed under Ala. Code § 15-27-1.
3. Gather Certified Documentation: Obtain a certified criminal history record from ALEA and certified disposition records from the court where the charge was filed.
4. File the Petition: Submit the Petition for Expungement of Records (CR-65) to the Circuit Court in the county where the charge originated, along with the required $500 filing fee (or hardship affidavit).
5. Hearing and Order: Be prepared for a hearing, especially if the District Attorney objects. If granted, the judge will issue an Order of Expungement, mandating all relevant agencies to remove the record from public access.

Frequently Asked Questions (FAQ)

Q: Can a conviction for Driving Without a License be expunged?

A: Yes, under the 2021 update to Ala. Code § 15-27-1(b), a conviction for a traffic violation like driving without a license may be expunged. The key requirements are that all fines, costs, and restitution are paid, and a period of three years has passed since the date of conviction.

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

A: The current administrative filing fee for an expungement petition is typically $500.00, which is paid to the court, in addition to any local court costs or docket fees.

Q: If my charge was dismissed, do I still have a waiting period?

A: It depends on the type of dismissal. If the charge was dismissed with prejudice (meaning it cannot be refiled), the waiting period is only 90 days. If it was dismissed without prejudice, the waiting period is two years for a misdemeanor/traffic violation.

Q: Where do I file the Petition for Expungement?

A: You must file the petition in the Criminal Division of the Circuit Court in the county where the original charges were filed, as the Circuit Court has exclusive jurisdiction over expungement petitions.

Q: What is a trial de novo on appeal?

A: A trial de novo (Latin for “new trial”) is what occurs when you appeal a conviction from Municipal Court to Circuit Court. The Circuit Court hears the entire case over again, without considering the findings of the lower court.

Disclaimer

Note on AI Generation: This blog post was generated by an AI assistant based on publicly available legal information and is intended for informational purposes only. It is not a substitute for professional legal advice. Laws, especially those concerning expungement, are subject to change, and specific case facts are critical. Always consult with a qualified Legal Expert in Alabama to discuss the specifics of your case, appeal deadlines, and expungement eligibility under current statutes.

Conclusion

Dealing with a driving offense in Alabama presents an opportunity to either challenge the conviction through the timely appeal process or clear the record through the stringent expungement process under the Code of Alabama. Understanding the critical difference between the 14-day appeal window and the various waiting periods for expungement is essential. By taking proactive steps and gathering the necessary certified documentation, you can effectively pursue a fresh start and remove the burden of a past charge from your public record.

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