Categories: Drug

Is Your Alabama Drug Record Expungable? A Guide to Sealing

Meta Description: Clearing Your Record

Do you have an old drug possession charge in Alabama? Learn about the expungement process under Alabama Code § 15-27, the difference between sealing non-conviction and conviction records, eligibility requirements, waiting periods (90 days, 3 years, 5 years), the required $500 filing fee, and how to file a petition to get your criminal history cleared for a fresh start.

A criminal record, even one related to a non-violent drug possession charge, can cast a long shadow, affecting your ability to find housing, secure employment, or pursue professional licensing. Fortunately, Alabama law provides a path to a clean slate through the process of expungement, which legally seals or removes criminal records from public view.

Understanding the rules governing the expungement of drug possession records in Alabama is the first critical step toward clearing your name. The eligibility requirements depend heavily on the outcome of your original case—whether you were ultimately convicted, or if the charge was dismissed or “no-billed”.

Eligibility for Drug Charge Expungement: Conviction vs. Non-Conviction

The Alabama expungement statute (Alabama Code § 15-27) outlines distinct pathways and waiting periods based on how your case was resolved. In general, records for arrests that did not lead to a conviction are significantly easier to expunge.

Non-Conviction Records: Charges That Were Dropped or Dismissed

For drug possession charges that did not result in a conviction, you are generally eligible for expungement relatively quickly. These scenarios include:

The charge was dismissed with prejudice (meaning it cannot be refiled).
You were found not guilty (acquitted).
The charge was no-billed by a grand jury.
The charge was dismissed after the successful completion of a court-approved program, such as a Drug Court or a pre-trial diversion program.

Tip: Diversion Program Eligibility

If your drug charge was dismissed after you successfully completed a Drug Court or diversion program, you become eligible to file for expungement one year after the program’s completion date.

Conviction Records: When Expungement is Possible

Expunging a conviction is more challenging, but possible under specific conditions, particularly for non-violent drug possession.

Case Focus: Misdemeanor Drug Possession

A conviction for a misdemeanor drug possession charge (such as simple possession of marijuana) may be eligible for expungement if all of the following criteria are met:

All probation or parole requirements have been completed, including payment of all fines, costs, and court-ordered restitution.
Three years have passed from the date of the conviction.
The conviction is not a violent offense, a sex offense, or an offense involving moral turpitude.

For non-violent felony drug convictions (excluding drug trafficking or serious distribution crimes), expungement is only possible if you have first been granted a full pardon with restoration of civil and political rights by the Alabama Board of Pardons and Paroles. After the pardon, a 180-day waiting period applies before you can file the expungement petition.

Summary of Waiting Periods for Expungement

Case Outcome	Type of Charge	Waiting Period (Minimum)
Acquitted / Dismissed with Prejudice	Felony or Misdemeanor	90 days
Dismissed after Drug/Diversion Program	Felony or Misdemeanor	1 year after program completion
Conviction	Non-Violent Misdemeanor	3 years from conviction date/sentence completion
Conviction	Non-Violent Felony	180 days after receiving a full pardon

The Expungement Petition Process: What to File

The process is initiated by filing a Petition for Expungement of Records (Form CR-65) in the Circuit Court of the county where the original charges were filed. The court requires several certified documents to accompany your sworn petition:

A sworn statement affirming you meet all the statutory expungement requirements.
A certified copy of your official criminal record from the Alabama Law Enforcement Agency (ALEA).
A certified record of disposition or case action summary from the court or arresting agency related to the charge.

You must also ensure that the District Attorney’s office, the arresting law enforcement agency, and the clerk of court are all officially served with a copy of your petition. The District Attorney has 45 days to review the petition and file an objection. If an objection is filed, the court will set a hearing to resolve the matter. If no objection is filed, the judge may rule on the petition without a formal hearing.

Key Financial & Procedural Details

A non-refundable administrative filing fee of $500.00 must be paid to the court when the petition is filed. This fee is charged per arrest incident, not per charge, but multiple charges from a single arrest only require one fee. All outstanding court-ordered amounts (fines, costs, restitution) associated with the case must be paid in full before the expungement can be granted.

Summary of Key Expungement Steps

Determine Eligibility: Confirm your drug possession charge meets the criteria based on the case outcome and the mandatory waiting period (90 days to 3/5 years, or pardon required).
Gather Certified Records: Obtain your official criminal history from ALEA and certified case records from the court/arresting agency.
File Petition (CR-65): Complete the Petition for Expungement and file it with the appropriate Circuit Court, along with the mandatory $500 filing fee and all required documents.
Serve Parties: Ensure the District Attorney’s office and all relevant agencies are served with a copy of the petition.
Receive Order: Wait for the court’s decision, which may take two to four months. Once granted, the court orders all agencies to expunge (seal) the records.

The Impact of an Expungement Order

Once an expungement is granted, the law treats the arrest or charge as if it never occurred. You generally do not have to disclose the expunged charge to employers, and court records will be sealed from public view. The records are archived confidentially with the Alabama Criminal Justice Information Center (ACJIC), accessible only to criminal justice agencies for limited purposes. This court order is a transformative legal step toward fully regaining your professional and civil life.

Frequently Asked Questions (FAQ)

Q: Can I expunge a drug distribution charge in Alabama?

A: Generally, no. Expungement is usually reserved for non-violent offenses. More serious crimes, especially those involving drug trafficking or distribution, are not typically eligible for expungement under Alabama law.

Q: How long does the expungement process take in Alabama?

A: The entire process typically takes about 2 to 4 months from the time you file the petition until the court issues a decision. However, this timeframe can be longer depending on the court’s caseload and if the District Attorney files an objection.

Q: What is the difference between “sealing” and “expunging” my record?

A: In the context of Alabama’s expungement statute, the terms are often used interchangeably to describe the court process that removes the public record and treats the offense as if it never happened. While sealing often means the record is restricted, the Alabama expungement process is a powerful form of sealing that generally removes the record from public background checks.

Q: Can the $500 filing fee be waived if I cannot afford it?

A: The $500 administrative filing fee is mandatory and generally non-refundable. However, if the court finds the petitioner is indigent, the judge may set forth a payment plan to satisfy the fee over time, which must be paid in full before the expungement order is granted.

For complex cases or to ensure all requirements are met, consulting with an experienced Legal Expert is highly recommended.

Disclaimer:

This content is generated by an AI and is intended for informational purposes only. It is not a substitute for legal advice. The information provided regarding Alabama’s expungement laws, including Alabama Code § 15-27, is based on public statutes and court forms. Eligibility requirements, fees, and procedures are subject to change. Always consult with a qualified legal expert licensed in the State of Alabama to discuss your specific case and legal rights.

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