Navigating the legal landscape of post-DUI case dismissal can be complex, but an Alabama DUI Expungement is a powerful tool to clear your criminal history record of a non-conviction arrest. If your charge was dismissed, you completed a diversion program, or were found not guilty, you may be eligible under Alabama Code § 15-27. This guide details the critical steps, from the Motion to Dismiss to filing the final Petition for Expungement.
An arrest for Driving Under the Influence (DUI) in Alabama, even without a conviction, can leave a lasting, detrimental mark on your public record. This record can negatively impact future opportunities in employment, housing, and education. Fortunately, Alabama law provides a mechanism to erase this history: the expungement of records. For a DUI charge, expungement is typically available when the case is resolved without a finding of guilt, such as through a successful Motion to Dismiss or the completion of a court-approved diversion program.
Understanding the distinction between a case dismissal and an expungement is crucial. A dismissal ends the prosecution of the case, but the arrest record itself remains on your criminal history. Expungement, governed primarily by Alabama Code § 15-27, is the separate legal process that physically removes or isolates the records of the arrest and the court proceedings, making the incident legally deemed “never to have occurred”.
Expungement eligibility for DUI charges hinges on the ultimate disposition of the case and the nature of the offense (misdemeanor/non-violent felony). Not all dismissals qualify immediately, and the specific section of the Alabama Code must be met precisely.
| Disposition of Charge | Waiting Period Requirement |
|---|---|
| Dismissed with prejudice | Immediate filing is possible (after 90 days for felonies). |
| Found not guilty (Acquittal) | Immediate filing is possible (after 90 days for felonies). |
| Dismissed after successful completion of a court-approved diversion program | One year from the date of successful completion. |
| Dismissed without prejudice (Non-Felony) | Two years from the date of dismissal, and no other convictions during that period. |
The best-case scenario is a dismissal of the charge itself, often through successful completion of a Pre-Trial Diversion program, which avoids a conviction entirely and simplifies the subsequent expungement process. A full Motion to Dismiss based on a legal flaw (e.g., lack of probable cause, flawed testing) is also a complete path to eligibility.
The “Motion to Dismiss” is a pretrial motion filed by the defense seeking to terminate the criminal case before trial. For a DUI charge, a successful Motion to Dismiss provides the necessary foundation for a later expungement petition.
Common grounds for a successful Motion to Dismiss in an Alabama DUI case include:
Even if your criminal DUI charge is dismissed or you are found not guilty, the separate Administrative License Suspension (ALS) action taken by the Alabama Department of Public Safety (DPS) for refusing a breath test or registering a BAC over 0.08% is often unaffected. You must request an administrative hearing within 10 days of arrest to challenge the ALS. A criminal dismissal does not automatically restore your driving privileges.
Once eligibility is confirmed—that is, the DUI charge was dismissed, and any necessary waiting period has passed—the formal process of filing the Petition for Expungement begins in the Circuit Court of the county where the charges were filed.
Filing the petition requires gathering specific, certified legal records to prove eligibility and provide a complete history of the case to the court. These documents are mandatory under Alabama Code § 15-27-3(b).
The process involves a statutory administrative filing fee that must be paid at the time of filing. As of the latest statutes, this fee is five hundred dollars ($500.00) per filing and is a prerequisite to any expungement ruling, though a payment plan may be set for indigent petitioners.
Additionally, the petitioner is required to serve the petition to the statutorily required parties, including the district attorney, the law enforcement agency, and the clerk of court of the jurisdiction whose records are sought to be expunged.
A first-time offender, Mr. D., was charged with a misdemeanor DUI. He was eligible for and successfully completed the court’s Pre-Trial Diversion Program. One year after his successful completion, per the Alabama Code requirements for non-violent felonies dismissed after diversion (applied analogously or directly under misdemeanor statutes), his Legal Expert filed a Petition for Expungement. Because the case was dismissed upon completion of the program, there was no conviction. The local District Attorney did not object, and the Circuit Court Judge granted the Order of Expungement, resulting in the arrest and case records being sent to a protected file by ALEA and effectively being “wiped clean” from public background checks.
The successful granting of an Order of Expungement in Alabama is a significant relief. It directs all entities holding records (except for a few specific bodies) to destroy the physical records of the charge, or in the case of ALEA, place them into a protected file. The most direct benefit is the statutory provision that the petitioner is no longer required to disclose the fact of the record on most applications, including those for employment or credit.
However, the effect is not absolute. The law mandates that the expunged record must be disclosed to certain sensitive entities:
An Alabama Expungement clears a criminal background report for most private employment purposes. While the public record is cleared, the case may still count as a prior offense if you face a subsequent DUI charge, and disclosure is required for specific, high-security contexts.
A DUI charge that ends in a non-conviction in Alabama is not automatically cleared. The arrest record will persist until you successfully petition for expungement under the Alabama REDEEMER Act, which significantly expanded eligibility. This legal action requires meticulous attention to filing requirements, waiting periods (especially for dismissals without prejudice or diversion program completion), and the submission of certified documentation from ALEA and the trial court. Consulting with an Alabama Legal Expert is highly recommended to ensure compliance and maximize the chances of clearing your criminal history record.
A: Generally, no. The Alabama Expungement Statute primarily allows for the expungement of non-violent offenses that did not result in a conviction. However, some misdemeanor convictions became eligible after the 2021 law change, and pardoned felonies are also eligible, but these are exceptions that require specific statutory conditions to be met.
A: A Dismissal with Prejudice means the case cannot be refiled, making the expungement application possible immediately (after 90 days for felonies). A Dismissal without Prejudice means the prosecutor could refile the charge, requiring a waiting period (two years for misdemeanors/non-felonies, five years for non-violent felonies) during which the charge was not refiled and the petitioner had no other convictions.
A: The administrative filing fee is five hundred dollars ($500.00) per filing (per charge/case number). This is a statutory fee that cannot be waived, although an indigent petitioner may be granted a payment plan to pay the full amount before the expungement order is granted.
A: For most private employment applications, no. Alabama law states that an expunged record is “deemed never to have occurred.” However, you must disclose the fact of the expunged record to government regulatory or licensing agencies, utilities, banks, and financial institutions.
A: While you can file the petition yourself (known as pro se), the process is highly technical, requires certified documents from multiple state and local agencies, and involves strict statutory service requirements. Due to the high stakes and the court’s discretion, retaining a Legal Expert experienced in Alabama expungement law is strongly advised to ensure all requirements are met.
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