Clearing Your Name: Alabama DUI Expungement & Record Sealing

The term “record sealing” or “expungement” in the context of a criminal case, such as a Driving Under the Influence (DUI) charge in Alabama, refers to the official legal process of having the documentation related to an arrest and charge removed from public view. For many, the sight of a past DUI arrest on a background check—even one that was later dismissed—can be a significant barrier to housing, education, and employment. Understanding the specific rules under Alabama law, codified primarily in the Alabama Code § 15-27-1, is essential for anyone seeking a fresh start.

In Alabama, the process of clearing an arrest record is officially known as expungement. This process allows the person whose record is expunged to legally state that the arrest or charge never occurred, with only limited exceptions for certain government or licensing agencies.

Eligibility Requirements for Alabama DUI Expungement

The first and most critical consideration for expunging an arraignment or arrest record for a DUI in Alabama is the case’s final disposition. According to Alabama law, the ability to petition for expungement is generally restricted to cases that did not result in a conviction.

Eligibility for expunging a DUI arrest record, including the arraignment phase and all subsequent court filings, is typically established under one of the following non-conviction outcomes:

• The charge was Dismissed with Prejudice (and 90 days have passed).
• You were found Not Guilty (Acquitted).
• The charge was Nolle Prossed (without conditions, and 90 days have passed).
• The charge was dismissed after successful completion of a court-approved Diversion Program (e.g., Drug Court, Pre-Trial Diversion), and typically one year has passed since completion.
• The charge was Dismissed Without Prejudice, a significant waiting period has passed (usually two years for a misdemeanor DUI arrest, provided no other criminal convictions occurred during that period), and the charge has not been refiled.

Furthermore, to maintain eligibility, the petitioner must not have any pending criminal charges or subsequent convictions (excluding minor traffic violations) during the mandatory waiting period.

The Step-by-Step Expungement Process in Alabama

Once you confirm your eligibility under the Alabama Code, the expungement process is a formal legal procedure that requires precision. It must be filed in the Circuit Court of the county where the original charges were filed or where the arrest occurred.

1. Obtain Certified Records: You must first acquire a certified copy of your official criminal history record from the Alabama Law Enforcement Agency (ALEA), as well as certified court documents detailing the disposition (outcome) of the DUI charge.
2. File the Petition: The official Petition for Expungement of Records must be properly completed and filed with the Circuit Court Clerk. Each arrest or case number typically requires a separate petition.
3. Pay the Statutory Fee: As of the latest updates, petitioners are required to pay a non-refundable administrative filing fee, which is currently set at $500, plus any additional court and service costs.
4. Serve All Required Parties: The petitioner is legally required to serve notice of the expungement petition on the District Attorney’s office, the Clerk of Court, and the law enforcement agency responsible for the arrest. These parties have the right to object to the expungement.
5. Attend a Hearing (If Necessary): If an objection is filed by the District Attorney or a victim, or if the court requires more information, a hearing will be scheduled. A judge will then weigh factors such as the seriousness of the offense, the petitioner’s subsequent conduct, and whether all court-ordered restitution has been paid.
6. Receive the Court Order: If the petition is granted, the court issues an Order of Expungement, compelling all involved agencies—including ALEA and local police—to seal or destroy the record from public access.

Expungement Waiting Periods by Disposition

Case Resolution	Misdemeanor (DUI Arrest)	Statute Reference
Dismissed with Prejudice / Acquitted / No-Billed	90 days	Ala. Code § 15-27-1(a)(1)-(3)
Successful Diversion/Deferred Prosecution Program	1 year after program completion	Ala. Code § 15-27-1(a)(6)
Dismissed Without Prejudice	2 years	Ala. Code § 15-27-1(a)(7)

The waiting period is not merely a formality; it serves as a period during which the individual must not be convicted of any other felony or misdemeanor crime.

The Benefits of Expungement: A Clean Slate

The primary benefit of a successful expungement is that the legal proceeding regarding the DUI charge is considered to have never occurred. While law enforcement agencies retain the sealed record for limited purposes, the public—including most private employers, landlords, and credit companies performing background checks—will not have access to it.

This “clean slate” can have a profound impact on an individual’s life, removing obstacles in areas such as:

• Employment Opportunities: Preventing an old arrest record from being the reason for a job denial.
• Housing Applications: Clearing the record to improve eligibility for rental properties.
• Educational Admissions: Aiding in applications for higher education or professional licenses.

Ultimately, expungement is a powerful mechanism under Alabama law designed to facilitate social re-entry and allow individuals to move forward in life unburdened by past charges that did not lead to a conviction.

Summary of Alabama DUI Expungement

1. The legal process for sealing an Alabama DUI arrest record is called Expungement, governed by Alabama Code § 15-27-1, including updates from the 2021 REDEEMER Act.
2. Eligibility is strictly limited to non-conviction outcomes, such as dismissals, acquittals, or successful completion of a court-approved diversion program.
3. A DUI conviction is generally not eligible for expungement and will remain on a person’s public record permanently.
4. The process requires filing a formal petition in the Circuit Court, paying a $500 administrative fee (plus other costs), and waiting a mandatory period (90 days up to 2 years, depending on the case outcome).
5. A successful expungement results in the legal right to state the event never occurred for most applications, effectively removing the record from public criminal background checks.

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Frequently Asked Questions (FAQ) About DUI Record Sealing

Q: Is “record sealing” the same as “expungement” in Alabama?

A: Yes. In Alabama, the legal term for this process is expungement. When an expungement is granted, the record is removed from public access, which is commonly referred to as sealing or clearing the record.

Q: Can a first-offense DUI conviction be expunged in Alabama?

A: No, generally not. Under current Alabama law, a conviction for DUI is one of the few non-violent misdemeanors that is ineligible for expungement and will remain on your criminal record. Expungement is reserved for non-convictions (dismissals, acquittals).

Q: How long does the DUI expungement process typically take?

A: The expungement process in Alabama can typically take anywhere from 2 to 4 months from the date of filing the petition to receiving the court’s decision, though this can vary depending on the court’s caseload and whether a hearing is required.

Q: Does an expunged DUI record still show up on background checks?

A: Once the expungement order is granted, the record is removed from public criminal background reports. For most purposes, including job or housing applications, you are legally permitted to state that the arrest never occurred. However, certain governmental or licensing agencies may still be able to access the record.

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