Categories: Court Info

Sealing Your Past: Alabama Drug Record Expungement Guide

Q: Can an employer still see my expunged drug record?

Private employers generally cannot see an expunged record. However, the record may still be available to a criminal justice agency, a utility and its agents and affiliates, and the Department of Human Resources for specific purposes.

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

After filing the petition, the District Attorney has 45 days to file an objection. The court process can take 60 days or more, depending on the judge and the court's schedule, especially if a hearing is required.

Q: Is there a limit to how many times I can get an expungement?

Alabama law imposes limitations on the number of expungements that can be granted, depending on the nature and outcome of the charges.

Meta Description: Understand the process for Alabama drug possession record expungement. Learn about eligibility criteria, waiting periods, the importance of the Redeemer Act, and how to petition the Circuit Court to clear your criminal record.

Taking Control of Your Future: Alabama Drug Record Expungement

A past arrest or charge for drug possession in Alabama can cast a long shadow, affecting everything from job applications to housing opportunities. Fortunately, Alabama’s expungement law, notably expanded by the 2021 “Redeemer Act”, offers a pathway to officially remove certain criminal records from public view, giving you a fresh start.

While people often use the term “sealing,” in Alabama, the legal process is referred to as expungement. An expungement order legally deems the event “never to have occurred” for most non-justice purposes, effectively clearing the record from public background checks.

Expungement Eligibility for Drug Offenses in Alabama

Eligibility for expungement hinges on two primary factors: the type of offense (misdemeanor vs. felony) and the ultimate resolution of the case. Drug offenses, which are often classified as non-violent, can frequently qualify under specific circumstances.

1. Non-Convictions and Program Completions

The most straightforward cases for expungement involve non-convictions. For both misdemeanor and felony drug charges, you are likely eligible if the case was resolved in one of the following ways, provided the relevant waiting period has passed:

Acquittal (Found Not Guilty): Wait 90 days.
Dismissed With Prejudice: Wait 90 days.
No-Billed by a Grand Jury: Wait 90 days.
Successful Completion of a Drug Court or Deferred Prosecution Program: Wait one year after successful completion of the program.

💡 Legal Expert Tip:

A key change in Alabama law allows for expungement after completing a court-approved deferred prosecution program, such as a Drug Court program. This process removes the arrest record that remains even after the case has been dismissed.

2. Drug Possession Convictions (Misdemeanor)

Under the Redeemer Act, certain misdemeanor drug convictions are now eligible for expungement. To qualify for a misdemeanor conviction, all of the following conditions must be met:

Three years must have passed from the date of conviction.
All probation, parole, and court-ordered financial obligations (fines, costs, restitution) must be completed and paid.
The person cannot have been convicted of any other felony or misdemeanor during the waiting period, excluding minor traffic violations.

⚠ Caution: Felony convictions for serious drug offenses, such as drug trafficking, are typically not eligible for expungement. A felony conviction almost always requires a pardon from the Board of Pardons and Paroles before expungement can be sought.

The Alabama Expungement Procedure: Step-by-Step

The expungement process is formalized under Alabama Code 1975, Section 15-27, and involves filing a Petition with the Circuit Court in the county where the charges were originally filed.

Key Documentation Required

Filing your petition requires meticulous preparation and the collection of certified records. You will need, at a minimum:

A certified copy of your official criminal record from the Alabama Law Enforcement Agency (ALEA).
A certified record of the arrest, disposition, or case action summary from the appropriate court or law enforcement agency related to the charge.
A sworn Petition for Expungement (Form CR-65), affirming your eligibility.

Filing and Court Process

Step	Action
Filing and Fee	File the Petition and documents with the Circuit Court Clerk. A $500 administrative filing fee is required, though an Affidavit of Substantial Hardship may be filed for indigency.
Service & Objection	The District Attorney and the arresting agency must be served with a copy of the petition. The District Attorney has 45 days to file an objection.
Hearing & Order	The judge may grant the expungement without a hearing. If an objection is filed, a hearing is typically set. If approved, the judge issues the Order of Expungement, clearing the record.

Case Example (Anonymized)

A client, anonymized as “J.D.,” successfully completed a Drug Court program for a charge of unlawful possession of a controlled substance (a felony that was dismissed upon completion). After the one-year waiting period, J.D. was able to file a Petition for Expungement. The Court granted the order, instructing ALEA and the local law enforcement agency to expunge the arrest and case records from public access. The expungement enabled J.D. to pass a background check for a professional licensing board application.

Summary: Key Takeaways for Your Fresh Start

Navigating the expungement process is a significant step toward a better future. Here are the core points to remember:

Alabama uses the term expungement, which is the legal removal of a record from public view, not just “sealing”.
Drug charges are often eligible if dismissed, or if the case was resolved through a Drug Court or diversion program, subject to a 1-year waiting period.
Certain misdemeanor convictions for drug offenses are now eligible three years after conviction, provided all financial obligations are paid and there are no subsequent arrests.
The process requires filing a Petition and certified records (ALEA and court documents) with the Circuit Court in the county where the charges originated.

Card Summary: Is Your Drug Record Eligible?

Dismissals/Acquittals: Eligible after 90 days. ✔
Drug Court Completion: Eligible 1 year after completion. ✔
Misdemeanor Conviction: Eligible after 3 years and full payment of all court costs. ✔
Felony Conviction (Non-Pardoned): Generally ineligible. Requires a Pardon first. ✖

Frequently Asked Questions (FAQ)

Q: What happens after my record is expunged?

A: Once expunged, you are legally permitted to state that the arrest or charge never occurred on most job or credit applications. The records are sealed from public view.

Q: Can an employer still see my expunged drug record?

A: Generally, no. However, there are exceptions. Records may still be available to certain government, regulatory, or licensing agencies, as well as law enforcement and utility companies.

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

A: After filing, the District Attorney has 45 days to file an objection. The total process time can vary based on the court’s docket, but petitioners should not expect a ruling for at least 60 days.

Q: Is there a limit to how many times I can get an expungement?

A: Yes. Alabama law limits the number of expungements a person can receive for certain categories of cases. It is essential to consult with a Legal Expert to understand how this applies to your specific history.

Important Disclaimer

AI Generated Content & Legal Notice: This blog post was generated by an artificial intelligence model and is intended for informational purposes only. It is not legal advice, nor should it substitute for consultation with a qualified Legal Expert licensed in the State of Alabama. Laws change frequently, and eligibility for expungement is case-specific. Always consult a Legal Expert to discuss your individual circumstances and legal rights under Alabama Code § 15-27-1 et seq.

Do not let a past mistake define your future. Research your eligibility today.

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