What is the waiting period for expungement after a DWI indictment is quashed?

If an indictment is quashed, you may petition for expungement once the statute of limitations for refiling the charge has expired, or the prosecuting agency confirms that the charge will not be refiled.

Can a non-violent felony be expunged in Alabama?

Yes, certain non-violent felonies may be expunged if they resulted in a non-conviction (dismissed, no-billed, found not guilty) and the required statutory waiting period has passed. Expungement of a felony conviction requires a full pardon.

How long does the entire expungement process typically take?

The process generally takes around 2 to 4 months from the time the petition is filed to the court’s final decision, though this can vary based on court caseload and case complexity.

Does expungement remove the charge from federal databases like the FBI's record?

The law aims to remove expunged records from federal databases and FBI records. However, disclosure may still be required for government regulatory or licensing agencies, utilities, and financial institutions.

Categories: Court Info

Expunging Alabama DWI/DUI Records: Eligibility and Process

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Navigating the path to a clear record after an Alabama DWI/DUI charge can be complex. While the term “sealing” is common, Alabama utilizes the specific legal process of expungement. This comprehensive guide details who is eligible for expungement under state law, particularly focusing on non-conviction outcomes like quashed indictments or grand jury “no-bills,” and outlines the precise steps, required documentation, and associated costs to finally clear your criminal history.

The phrase “DWI indictment record sealing” often brings hope for a clean slate, yet in Alabama, the path to removing a driving under the influence (DUI) or driving while intoxicated (DWI) charge from your public record follows a very specific legal procedure: expungement. Understanding the difference between a conviction and a non-conviction, and knowing which process applies to your specific case, is the critical first step toward regaining your privacy and opening up new opportunities in employment, housing, and education.

Alabama’s expungement laws, primarily codified under the Code of Alabama 1975, Section 15-27-1 et seq., offer a crucial avenue for those charged but not ultimately convicted to clear their name. However, when it comes to DWI and DUI cases, the eligibility requirements are particularly strict, centering almost entirely on the outcome of the original charge.

Expungement vs. Sealing: Clarifying Alabama Law

Though some states offer both expungement and record sealing, Alabama primarily focuses on the process of expungement.

• Expungement: This is a powerful legal action that results in the records of an arrest and the associated court proceedings being treated as if they never occurred. The record is removed from public access and generally from criminal background checks.
• Sealing: This process restricts public access, but the record itself remains in existence and can often be viewed by certain government or law enforcement agencies. While the term “sealing” is often used interchangeably with “expungement” by the public, the formal process you pursue in Alabama Circuit Court is expungement.

CAUTION: The DUI Conviction Barrier

Under Alabama law, a DUI conviction is permanent and cannot be expunged. DUI convictions, along with reckless driving, are specifically excluded from expungement eligibility, meaning the arrest and conviction will remain on your public criminal history record. This is a crucial distinction and the reason that most expungement efforts focus on non-conviction outcomes.

DWI Indictment & Non-Conviction Eligibility

Expungement of a DWI charge in Alabama is primarily available when the case results in a non-conviction. This is directly relevant to the query about “indictment record sealing” because it covers situations where the state’s case failed to move forward or was unsuccessful.

You may be eligible to petition the Circuit Court for expungement if your DWI/DUI case resulted in one of the following dispositions, as outlined in the Code of Alabama:

Non-Conviction Outcome	Minimum Waiting Period
Found Not Guilty	90 days must have passed
Charge was Dismissed With Prejudice	90 days must have passed
The charge was No-Billed by a Grand Jury	90 days must have passed
The Indictment was Quashed	Statute of limitations for refiling has expired or prosecutor confirms no refiling
Dismissed after successful completion of a Diversion Program	One year must have passed from successful program completion

Case Study Highlight (Fictionalized)

A fictional person, “Mr. Smith,” was arrested for DUI. The Grand Jury reviewed the evidence and returned a “No-Bill” on the indictment due to a lack of sufficient evidence. Under Alabama law, this non-conviction outcome makes Mr. Smith’s arrest and court record eligible for expungement after the mandatory 90-day waiting period, allowing him to legally state that the arrest never happened.

The Step-by-Step Expungement Process

The process of expunging a DWI or DUI non-conviction record in Alabama is formal and requires strict adherence to statutory rules. It is typically filed in the Circuit Court of the county where the arrest or charge originated.

Obtain Required Certified Records: Before filing the petition, you must obtain a certified copy of your criminal history record from the Alabama Law Enforcement Agency (ALEA), which requires a fingerprint check. You must also obtain a certified record of disposition or the case action summary from the court or law enforcement agency that handled the charge.
File the Petition: The official form is the Petition for Expungement of Records (CR-65), available through the Alabama Office of Administrative Courts. This petition must be filed in the Criminal Division of the relevant Circuit Court.
Pay the Filing Fee: A mandatory, non-refundable administrative filing fee of $500.00 per arrest must be paid upon filing. If you were charged with multiple offenses from a single arrest, only one fee is required.
Service of Petition: The petitioner must serve a copy of the petition to the District Attorney, the law enforcement agency, and the Clerk of Court of the jurisdiction where the records are held.
Objection and Hearing: The District Attorney and any victims have 45 days to file a written objection. If an objection is filed, the court will likely schedule a hearing where a judge will make the final decision.

LEGAL EXPERT TIP:

The expungement process is procedural and complex. Although not legally required, consulting with a Legal Expert is highly recommended to ensure all certified documents are correctly filed, waiting periods are satisfied, and all statutory service requirements are met, significantly improving your chance of a favorable outcome.

Summary of Key Expungement Takeaways

For individuals seeking to clear a DWI/DUI record in Alabama, remembering these core facts will help you navigate the system successfully:

The process is expungement, not sealing, and it requires a formal petition to the Circuit Court.
Convictions for DUI/DWI are not eligible for expungement under current Alabama law (Act 2021-482).
Expungement is possible for non-convictions, such as when a grand jury issues a “no-bill,” the indictment is quashed, or you are found “not guilty”.
The process requires a $500 administrative filing fee per arrest incident.
You must provide certified records from both the local court/agency and the ALEA.

Post Summary: A Clear Path Forward

A charge of DWI or DUI does not have to haunt your future if the case did not result in a conviction. Alabama’s expungement statutes provide a mechanism to erase non-conviction records, effectively restoring your clean slate. By meticulously gathering the required certified documentation, filing the correct petition, and observing the statutory waiting periods, you can utilize this legal remedy to ensure past charges do not continue to hinder your personal and professional life.

Frequently Asked Questions (FAQ) About Alabama Expungement

Q: What is the waiting period for expungement after a DWI indictment is quashed?: A: If an indictment is quashed, you may petition for expungement once the statute of limitations for refiling the charge has expired, or the prosecuting agency confirms that the charge will not be refiled.
Q: Can a non-violent felony be expunged in Alabama?: A: Yes, certain non-violent felonies may be expunged if they resulted in a non-conviction (dismissed, no-billed, found not guilty) and the required statutory waiting period has passed (up to five years for a dismissal without prejudice). Expungement of a felony conviction, however, requires a full pardon from the Board of Pardons and Paroles.
Q: How long does the entire expungement process typically take?: A: The process generally takes around 2 to 4 months from the time the petition is filed to the court’s final decision, though this can vary based on court caseload and case complexity.
Q: Does expungement remove the charge from federal databases like the FBI’s record?: A: The law aims to remove expunged records from federal databases and FBI records. However, even after expungement, you may still have to disclose the charge to government regulatory or licensing agencies, utilities, and financial institutions.

Disclaimer

This blog post, generated by an artificial intelligence, provides general information on Alabama’s expungement law (Code Section 15-27-1 et seq.) and should not be considered legal advice. The eligibility and process for clearing a criminal record, including DWI/DUI charges, are highly dependent on the specific facts and outcome of your case. For precise guidance and representation, you must consult directly with a qualified Legal Expert licensed in the State of Alabama. Laws are subject to change (e.g., Act 2021-482). Always verify information with the latest statutes and court rules.

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