Meta Description: Navigating the process to expunge an Alabama DUI charge or conviction can be complex. Learn the key eligibility requirements, the critical three-year waiting period for convictions, the mandatory filing form (CR-65), and the required certified records to clear your criminal history under Alabama Code § 15-27-1.
Understanding Alabama’s DUI Expungement Law: Clearing Your Record
Dealing with a Driving Under the Influence (DUI) charge in Alabama can create long-lasting obstacles to employment, housing, and education. Many individuals are confused about how to clear their record, especially since Alabama law officially uses the term “DUI” and not “DWI” (Driving While Intoxicated). The good news is that Alabama’s expungement statutes, particularly the REDEEMER Act (Act No. 2021-286) and Alabama Code § 15-27-1, offer a legal path to wipe certain charges and convictions clean from public view, allowing you to move forward as if the event never occurred.
Important Legal Note: DUI vs. DWI in Alabama
In Alabama, there is no separate offense called “DWI.” All impaired driving offenses fall under the DUI (Driving Under the Influence) statute. When seeking expungement, you are petitioning to clear a DUI record.
DUI Expungement Eligibility: Two Primary Paths
The eligibility for DUI expungement in Alabama hinges entirely on the final outcome of your case: whether the charge resulted in a non-conviction or a misdemeanor conviction.
1. Expungement for Non-Convictions (Dismissals, Acquittals)
If your DUI arrest resulted in a non-conviction, you are typically eligible to petition for expungement after a waiting period, provided no other convictions prevent it. This path covers cases where the evidence was suppressed, the case was dismissed, or a “not guilty” verdict was reached.
Key Non-Conviction Scenarios (Ala. Code § 15-27-1)
- Dismissed with Prejudice / Found Not Guilty / No Billed: You may file a petition more than 90 days after the outcome.
- Nolle Prossed (Dismissed by Prosecutor) without conditions: You may file a petition more than 90 days later, provided the charge has not been refiled.
- Successful Completion of a Diversion Program (e.g., Drug Court): You may file one year from the date of successful completion of the program.
2. Expungement for Misdemeanor DUI Convictions
Under the updated law, certain misdemeanor convictions are eligible for expungement, including most first and second-offense DUIs, which are classified as misdemeanors. This is subject to strict requirements:
| Requirement | Details |
|---|---|
| Waiting Period | Three years must have passed from the date of conviction. |
| Sentence Completion | All probation or parole requirements must be completed, including full payment of all fines, court costs, restitution, and other court-ordered amounts. |
| Offense Type | The conviction must not be a violent offense or a sex offense. |
Caution: Felony DUI Convictions
A fourth or subsequent DUI offense in Alabama is a Class C felony. To expunge a felony conviction, you must first obtain a Gubernatorial Pardon. Expungement of the record can then be sought after 180 days from the date the pardon was issued.
The Expungement Filing Process: Step-by-Step
The expungement process is formal and requires diligent attention to detail. It is highly recommended to consult a Legal Expert to ensure proper filing.
Key Steps and Required Documentation
- Obtain Your Certified Criminal History Record: You must first get your official certified criminal record from the Alabama Law Enforcement Agency (ALEA/ACJIC). This typically requires submitting an application and a set of fingerprints.
- Obtain Case Disposition Records: You need a certified record of arrest, disposition, or the case action summary from the appropriate court for the specific charge you seek to expunge.
- Complete the Petition Form (CR-65): You must use the official Petition for Expungement of Records (CR-65). A separate petition must be filed for each individual charge or arrest, unless multiple charges arose from the same single arrest.
- File and Pay the Fee: The petition must be paper-filed in the criminal division of the Circuit Court in the county where the original charges were filed. You must pay a non-refundable $500.00 administrative filing fee per arrest/filing at the time of submission.
- Serve All Necessary Parties: You are required to serve the district attorney, the relevant law enforcement agency, and the clerk of court in the jurisdiction where the records are held.
Case Study Insight: The Power of Dismissal
A hypothetical case involves Mr. A, who was arrested for a DUI but successfully completed a court-approved deferred prosecution program. His charge was subsequently dismissed. One year after his successful completion, a Legal Expert helped him file the CR-65 petition. Because his case resulted in a non-conviction after meeting the program’s terms, the court granted the expungement, clearing the arrest record from his public criminal history report.
Summary of Your Path to Expungement
Understanding the eligibility rules and procedures is paramount to a successful expungement filing. Here are the critical takeaways:
- Alabama uses the term DUI, and expungement applies to both non-conviction and certain misdemeanor conviction records.
- For a misdemeanor DUI conviction, you must generally wait three years after the date of conviction and pay all court-ordered financial obligations.
- For dismissals, the waiting period is much shorter, often 90 days, or one year if a court program was successfully completed.
- The process requires the official Petition for Expungement of Records (CR-65), certified criminal records from ALEA, and payment of the non-refundable $500.00 filing fee per arrest.
- An experienced Legal Expert can ensure all statutory requirements are met, maximizing the chances of a successful outcome.
The Long-Term Benefit
A granted expungement order legally treats the case as if it never happened, removing it from public criminal background reports. This is a transformative step toward securing a better future, free from the lingering consequences of a past DUI charge or conviction.
Frequently Asked Questions (FAQ)
A: Yes, in most cases, a first-offense misdemeanor DUI conviction is eligible for expungement if three years have passed since the conviction date, and all sentence requirements (fines, probation, costs) have been fully met.
A: No, the $500.00 administrative filing fee cannot be waived, as it is a condition precedent to any ruling. However, if the court finds the petitioner indigent, it may allow for a payment plan to satisfy the fee over time.
A: If the charge was dismissed with prejudice or you were found not guilty, the waiting period is typically 90 days. If it was dismissed after successfully completing a program (like Drug Court), the waiting period is one year from completion.
A: The petition must be filed in the criminal division of the Circuit Court in the county where the original charges were filed or disposed of.
Disclaimer & Closing
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. The requirements for expungement under Alabama Code § 15-27-1 are complex and subject to change. Always consult with a qualified Legal Expert to discuss the specifics of your case. This content was generated with the assistance of an AI model.
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