Your Alabama DWI Arrest Record: The Power of Expungement

The initial shock and procedural steps following a Driving While Intoxicated (DWI), commonly referred to as Driving Under the Influence (DUI) in Alabama, can feel overwhelming. One of the first steps is often a bail hearing. While this early stage in the legal process is temporary, the record of your arrest is not—it can persist on your public criminal history long after the case is resolved. For many individuals who ultimately achieve a non-conviction outcome, the question becomes: how do I seal this record?

In Alabama, the process of sealing a public criminal record is primarily achieved through expungement, governed by the Code of Alabama 1975, Section 15-27. This post details the path to clearing your Alabama DWI/DUI arrest record, including those documents generated at the bail hearing stage, provided your case meets strict eligibility criteria.

What Expungement Means for Your Bail Hearing Record

A DWI/DUI arrest record includes all documents generated from the moment of arrest through the final disposition, including police reports, booking photos, and the court file from the initial proceedings, such as the bail hearing. When a court grants an expungement, it effectively seals that record from public view, allowing you, the petitioner, not to disclose the arrest on most applications.

The critical factor for expunging an Alabama DWI record is the case outcome. Expungement is generally available for charges that did not result in a conviction.

Eligibility for DUI/DWI Expungement in Alabama

A prior DUI arrest that was dismissed in Alabama will remain on your public record unless the proper court orders its expungement. Eligibility is centered on a non-conviction disposition. According to the Alabama Code, records related to a misdemeanor, violation, or traffic violation (including DUI) may be expunged in certain circumstances:

Case Outcome	Minimum Waiting Period
Dismissed with Prejudice, Acquitted (Found Not Guilty), or No-Billed by a Grand Jury	More than 90 days have passed.
Dismissed after successful completion of a court-approved Deferred Prosecution Program (e.g., Diversion)	One year from the date of successful completion.
Dismissed Without Prejudice (and not refiled)	More than two years have passed, and no new convictions during that time.

The Expungement Process: 5 Key Steps

The expungement process is formal, requiring specific documentation and filing with the Circuit Court where the charges were originally filed.

1. Confirm Eligibility & Wait: Ensure your DWI/DUI case outcome (acquittal, dismissal, diversion completion) meets the criteria laid out in Ala. Code § 15-27-1, and the appropriate waiting period has passed.
2. Obtain Records: You must secure an Official Certified Criminal Record from the Alabama Law Enforcement Agency (ALEA). You also need a certified record of the disposition or the case action summary from the court.
3. File the Petition (CR-65): Complete the Petition for Expungement of Records (CR-65) from the Alabama Office of Administrative Courts and file it with the Circuit Clerk of the county where the charge was filed. A non-refundable $500 filing fee per arrest is required, though a finding of indigency may allow a waiver.
4. Serve Notice: You must serve a copy of the petition to required parties, including the District Attorney, the law enforcement agency, and the Clerk of Court.
5. Attend a Hearing: The District Attorney and other parties have a right to object. If an objection is filed or the judge requires more information, a court hearing will be held where a judge will decide if the expungement is approved.

The Impact of a Sealed Record

Once the court issues an Order of Expungement, the records of the arrest, including the information from your bail hearing, are cleared from your public criminal background report.

The expungement process takes time, typically around two to four months from filing to decision, depending on the court’s caseload. Successfully expunging the record means a DUI charge that was dismissed no longer acts as a roadblock to job opportunities, educational pursuits, credit offers, or housing.

Summary: Key Takeaways on Record Expungement

To successfully navigate the process of clearing your Alabama DWI/DUI arrest record, remember these core principles:

1. Alabama utilizes the expungement process to seal criminal records from public view, as outlined in Ala. Code § 15-27.
2. Eligibility is generally limited to cases resulting in a non-conviction, such as dismissal, acquittal, no-bill, or successful completion of a deferred prosecution program.
3. Records from the entire incident, including the initial bail hearing, are sealed once the expungement order is granted.
4. A mandatory waiting period (ranging from 90 days to two years or more) must pass before a petition can be filed, depending on the disposition.
5. The process requires filing a formal Petition (CR-65) with the Circuit Court and paying a non-refundable $500 administrative fee.

Frequently Asked Questions (FAQ)

Q: Can a DUI conviction be expunged in Alabama?

A: Generally, no. Alabama law typically does not allow for the expungement of convictions for DUI, as it is classified as a serious traffic offense. Expungement is usually reserved for non-conviction outcomes.

Q: How long does the expungement process take?

A: The process typically takes about two to four months from the date of filing the petition to the court’s final decision, though this can vary based on the court’s workload.

Q: Is the bail hearing record sealed immediately after the case is dismissed?

A: No. The record of the arrest, including the bail hearing information, remains public until you successfully file a Petition for Expungement and the court issues a formal Order of Expungement. There is also a mandatory waiting period of 90 days to two years or more after the dismissal before you can file the petition.

Q: What is the cost to file for expungement?

A: The administrative filing fee in Alabama is a non-refundable $500 per arrest incident, plus potential additional court costs or fees for obtaining certified records.

Q: Who can still see my record after it is expunged?

A: After expungement, the record is sealed from public view. However, law enforcement agencies, criminal justice agencies, prosecutors, and certain licensing and professional bodies (like those for health, law, or education) may still be able to access the expunged records for specific, statutorily defined purposes.

Important Disclaimer

AI-Generated Legal Disclaimer: The information provided in this blog post is for informational purposes only and is not legal advice. The eligibility requirements and procedures for expungement under the Code of Alabama § 15-27 are highly fact-specific. You should not act upon this information without consulting a qualified Legal Expert. As an AI-generated text, this content does not constitute a consultation and is provided for educational use only. Laws cited are based on the latest available information but may be subject to change. Always refer to the current Alabama Code and consult with a Legal Expert to discuss your specific case.