Navigating Alabama’s Expungement Law for Traffic Violations

A simple charge, such as Driving without a License, can cast a long shadow, even if the case never resulted in a conviction. While Alabama law classifies this offense as a misdemeanor or violation, the associated record—from the initial arrest to court filings like a preliminary hearing—remains a matter of public record until action is taken. For many residents, the goal is not just a court victory, but a clear background check. This process is known as expungement in Alabama, which offers a more comprehensive removal than simply sealing a record.

The state’s expungement framework, primarily governed by Alabama Code § 15-27-1, provides a legal pathway to essentially treat the charge “as if it never occurred” if specific criteria are met. Understanding the distinction between expungement eligibility based on a non-conviction versus a conviction is crucial for anyone seeking to clear their driving-related record.

The Difference Between Sealing and Expunging Your Record

In Alabama, the term you should focus on is expungement, rather than sealing. Sealing a record restricts public access, but the record’s legality remains valid. Expungement is a more definitive remedy. When a court grants an expungement order, all records related to the charge in the custody of the court and most government agencies (including the Alabama Law Enforcement Agency, ALEA) are legally ordered to be removed from public access. This means that for nearly all purposes, including employment and housing applications, you can legally state that the arrest or charge never happened.

Eligibility for Expunging a “Driving without a License” Record

Since “Driving without a License” is classified as a misdemeanor or traffic violation, its expungement eligibility is governed by Alabama Code § 15-27-1(a) for non-convictions and § 15-27-1(b) for certain convictions. The key to expunging a preliminary hearing record is that the underlying charge must have been resolved without a finding of guilt.

Expungement is possible for traffic violations under the following non-conviction scenarios, which would cover the records associated with your preliminary hearing:

• Dismissed with Prejudice: The charge was dismissed, and it cannot be refiled. A 90-day waiting period must pass after the dismissal.
• Found Not Guilty (Acquitted): You were found not guilty of the charge. A 90-day waiting period must pass.
• No-Billed by a Grand Jury or Nolle Prossed: The grand jury declined to indict, or the prosecutor dropped the charges without conditions (nolle prossed). A 90-day waiting period must pass.
• Successful Diversion Program: The charge was dismissed after successful completion of a court-approved deferred prosecution program (e.g., a diversion program). A one-year waiting period applies from the date of successful completion.
• Dismissed without Prejudice: The charge was dismissed without prejudice, has not been refiled, and you have not been convicted of any other felony, misdemeanor, or non-minor traffic violation during the previous two years. A one-year waiting period applies from the date of dismissal.

The Expungement Petition Process: Step-by-Step

Expunging a record is not automatic; it requires filing a formal petition in the proper court. The process involves several key steps that must be followed precisely:

Step 1: Obtain Certified Records

Before filing, you must gather all necessary certified documentation related to the charge:

• A certified official criminal record from the Alabama Law Enforcement Agency (ALEA).
• A certified record of the arrest or disposition (Case Action Summary) from the appropriate court or arresting agency.

Step 2: File the Petition

You must file a sworn Petition for Expungement of Records (Form CR-65) in the criminal division of the Circuit Court in the county where the charges were originally filed.

A non-refundable $500 administrative filing fee is typically required at the time of filing. All fines, costs, and restitution associated with the charge must have been paid in full.

Expungement Filing Requirements

Requirement	Details
Filing Location	Criminal Division of the Circuit Court in the county of the charge.
Filing Fee	$500 Administrative Fee (or Affidavit of Substantial Hardship).
Financial Status	All court-ordered payments (fines, costs, restitution) must be completed.

Step 3: Serve Notice

The petitioner must serve a copy of the petition and sworn affidavit to several key parties, including the District Attorney’s office, the arresting law enforcement agency, and the clerk of the court. The District Attorney’s office has 45 days to file an objection to the expungement.

Step 4: Court Review and Order

The court will review the petition, with or without a hearing, and rule on the request. If the request is approved, the court issues an order commanding the expungement of records held by the court and other relevant agencies. Once the order is executed, the records related to the preliminary hearing and the charge are removed from public view.

Summary: Key Steps to Clear Your Traffic Record

While the process can be complex, the ability to obtain a clean slate for a non-conviction traffic offense like driving without a license is invaluable. The core steps focus on legal compliance and documentation.

1. Determine if your case outcome meets the non-conviction criteria (e.g., dismissal, not guilty verdict) under Alabama Code § 15-27-1(a).
2. Wait for the required statutory period (90 days to 2 years, depending on the disposition).
3. Gather all certified documents, including the ALEA criminal record and the court’s disposition/case summary.
4. File the Petition for Expungement and pay the administrative fee in the appropriate Circuit Court.
5. Properly serve all required agencies (DA’s Office, arresting agency, Clerk of Court).

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Frequently Asked Questions (FAQ)

Q: Can a “Driving without a License” conviction be expunged in Alabama?

A: Yes, certain misdemeanor convictions, including some traffic violations, may be expunged under § 15-27-1(b) if three years have passed since the conviction, all court-ordered payments are completed, and the offense is not classified as a serious traffic offense.

Q: How long does the expungement process take?

A: The entire process typically takes about 2 to 4 months from the filing of the petition to the court’s decision, though this timeline can vary based on court caseload and complexity.

Q: What is the main benefit of expungement?

A: The main benefit is that once expunged, the proceedings related to the charge are deemed never to have occurred, significantly improving opportunities for employment and housing.

Q: If my charge was dropped, do I still need to expunge the record?

A: Yes. A charge being dropped or dismissed does not automatically remove the arrest, booking, and court filing records (including the preliminary hearing) from public criminal history databases. You must successfully petition the court for expungement to clear the public record.

Q: Do I need a Legal Expert to file the petition?

A: While Alabama law does not mandate a Legal Expert, it is highly advisable. The process involves precise legal requirements, document collection, and proper service, which an experienced Legal Expert can ensure is handled correctly to maximize the chances of a successful outcome.

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