Categories: Court Info

Expunging Alabama DUI Booking Records: A Guide

Post Overview

This comprehensive post explains the strict criteria for expunging an Alabama DUI record, focusing specifically on how to clear arrest and booking history when a conviction was avoided. We detail the eligibility requirements under Alabama Code § 15-27 and outline the mandatory filing process.

Navigating the aftermath of a DUI charge can be confusing, especially when seeking a fresh start through expungement. In Alabama, the legal landscape surrounding the expungement of a DUI-related arrest, often referred to as “booking expungement,” is governed by specific and rigid criteria defined in the Alabama Code, Title 15, Chapter 27. The primary distinction is simple yet crucial: Records of a DUI arrest or charge may be eligible for expungement, but a final DUI conviction is generally considered permanent.

The Critical Distinction: Charge vs. Conviction

When a court grants an expungement, it essentially eliminates references to the charge from court records, agency and official records, and police records, including arrest records and booking photographs. This is the key to clearing your “booking record.” To qualify, the DUI case must have ended without a conviction.

Caution: DUI Convictions are Generally Ineligible

Alabama law, particularly Act 2021-482, specifically excludes DUI convictions from expungement eligibility, classifying them among the few non-violent misdemeanor crimes that cannot be expunged. If you were convicted of DUI, that record will typically remain on your criminal history for the rest of your life.

Expungement Eligibility for a Non-Conviction DUI Charge

Under Alabama Code § 15-27-1 (misdemeanor) and § 15-27-2 (felony), you may petition for expungement of a DUI charge, including the associated booking record, if one of the following conditions is met:

Resolution Type	Waiting Period
The charge was dismissed with prejudice.	More than 90 days have passed.
You were found not guilty (acquitted).	More than 90 days have passed.
The charge was no-billed by a grand jury.	More than 90 days have passed.
Successful completion of a diversion/deferred prosecution program (e.g., drug court, mental health court).	One year from successful completion.
The charge was dismissed without prejudice and has not been refiled.	Two years (misdemeanor/violation) or five years (felony) have passed, and no other disqualifying convictions in that period.

Legal Expert Tip: All Records Cleared

The expungement process covers all records related to the charge, including the arrest and booking records held by the arresting agency. A successful expungement means you generally do not have to disclose the arrest or charge on applications for employment or credit.

The Petition Process: How to Expunge a Booking Record

The expungement process is not automatic; it requires a formal petition filed in the court system. The petition must be filed in the criminal division of the Circuit Court in the county where the charges were originally filed.

1. Obtain Necessary Certified Documents

Before filing the petition, you must gather specific certified records, which can take several weeks to obtain. These include:

✓ A certified record of arrest from the appropriate agency.
✓ A certified record of disposition or case action summary from the appropriate court.
✓ A certified official criminal record from the Alabama Criminal Justice Information Center (ACJIC), often obtained via the Alabama Law Enforcement Agency (ALEA) website.

2. File the Petition for Expungement (CR-65)

You must file a sworn statement using the official Petition for Expungement of Records (Form CR-65). An administrative filing fee of $500.00 must be paid at the time of filing, as this is a condition precedent to any expungement ruling. Importantly, if you are expunging multiple charges stemming from a single arrest, only one filing fee is required.

3. District Attorney Review and Judicial Determination

The District Attorney’s office will be served a copy of the petition and has 45 days to file an objection. If an objection is filed, the court will typically set a hearing and consider various factors, such as the nature of the offense, the circumstances, your age at the time, and evidence of rehabilitation. If no objection is filed or the petition is granted after a hearing, the court issues the expungement order. The entire process often takes between 2 to 4 months.

Case Example: Expungement of a Dismissed DUI

A hypothetical petitioner, John Doe, was arrested for a first-time misdemeanor DUI. The case was later dismissed with prejudice by the prosecutor after a negotiated plea to a lesser, non-DUI offense, and more than 90 days have passed. Mr. Doe is eligible to petition the Circuit Court for expungement of the original DUI charge, including the arrest and booking records, because the final disposition was not a DUI conviction. He must pay the $500.00 fee and provide all certified documents.

Summary of Alabama DUI Expungement

Key Takeaways for Clearing Your Record

The expungement process in Alabama covers arrest and booking records (including photographs).
Eligibility is primarily limited to DUI charges that were dismissed, resulted in a not guilty verdict, or resolved through a diversion program.
A DUI conviction, even for a first-time misdemeanor, is generally not eligible for expungement under current Alabama law.
Filing requires the use of official forms (CR-65) in the Circuit Court, certified records from ALEA/ACJIC, and a mandatory $500.00 administrative fee.
After successful expungement, the law states the proceeding is “deemed never to have occurred” for most purposes, offering a critical fresh start.

Card Summary: Is Your DUI Booking Record Eligible?

Your DUI arrest and booking record can be expunged in Alabama only if the charge was resolved without a conviction (e.g., found not guilty, dismissed with prejudice, or successfully completed an approved diversion program). The process is governed by Alabama Code § 15-27 and requires a petition, certified records, and a $500 fee filed in the Circuit Court.

Frequently Asked Questions (FAQ)

Q: Can I expunge a DUI conviction in Alabama?: A: Generally, no. Alabama law specifically excludes DUI convictions from expungement eligibility, meaning they typically remain on your permanent record.
Q: What specific records are expunged when the petition is granted?: A: Expungement covers arrest records, booking or arrest photographs, court records, and official agency records related to the charge. These records are then “deemed never to have occurred”.
Q: How much is the filing fee for a DUI expungement petition?: A: There is a mandatory $500.00 administrative filing fee that must be paid to the Circuit Court. This single fee covers all charges arising from one arrest incident.
Q: How long does the DUI expungement process take?: A: Once all certified documents are gathered and the petition is filed, the process typically takes between 2 to 4 months, which includes the 45-day period for the District Attorney to file an objection.
Q: What if my DUI charge was dismissed without prejudice?: A: If the charge was a misdemeanor, you must wait two years; for a felony, you must wait five years. During this time, the charge must not have been refiled, and you must not have been convicted of any other felony or misdemeanor.

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Disclaimer and Closing

This article provides educational information only and does not constitute legal advice. Expungement is a complex process with specific statutory requirements. For an accurate assessment of your eligibility under the latest Alabama Code, you should consult with a qualified Legal Expert who can review your certified records.

The content of this post was generated by an AI assistant in collaboration with legal knowledge resources and should be verified with a professional.

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