Alabama DUI Preliminary Hearing Records:
How to Expunge Your Non-Conviction Arrest

A DUI charge, even one that is ultimately dismissed or leads to a not-guilty verdict, creates a public record that can follow an individual for years. Many people seeking a clean slate often look for information on “sealing” preliminary hearing records. In Alabama, the legal mechanism to clear these non-conviction adult records from public view is generally expungement, governed by the Code of Alabama 1975, Section 15-27. This process is crucial for securing employment, housing, and other opportunities.

The Difference Between Sealing and Expungement in Alabama DUI Cases

While the terms “sealing” and “expungement” are sometimes used interchangeably, they have distinct legal meanings, especially concerning adult criminal records in Alabama:

• Sealing: This process restricts access to a record, meaning the record still exists, but is no longer available to the general public. Only certain eligible persons, like law enforcement or those with a court order, can access it. Sealing is often associated with juvenile records in Alabama.
• Expungement: This is a stronger form of relief. When an expungement is granted, the criminal record is essentially deemed “never to have occurred,” and it is removed from most public records searches and background checks. This is the action required to clear a non-conviction DUI arrest record.

Key Eligibility Requirements for DUI Record Expungement

A DUI case that did not end in a conviction may be eligible for expungement. The preliminary hearing is where probable cause is determined, and if the case ends favorably, the records related to that arrest can be cleared. Eligibility is contingent upon the case outcome:

Special Rule for Dismissal Without Prejudice

If the DUI charge was dismissed without prejudice, a waiting period is generally required before you can petition for expungement:

• Misdemeanor DUI: A two-year waiting period must pass since the dismissal.
• Felony DUI: A five-year waiting period must pass since the dismissal.

In either case, during the waiting period, you must not have been convicted of any other felony or misdemeanor crime (excluding minor traffic violations), and the original charges must not have been refiled.

Navigating the Alabama Expungement Petition Process

Expungement is not automatic; you must file a formal petition. The process involves several key steps:

1. Obtain Certified Records: You must first obtain a certified copy of your official criminal history record from the Alabama Law Enforcement Agency (ALEA). You must also provide a certified record of the case action summary or disposition from the court where the charge was heard.
2. File the Petition: A sworn Petition for Expungement of Records (Form CR-65) must be filed in the Criminal Division of the Circuit Court in the county where the charges were originally filed.
3. Pay the Filing Fee: A substantial administrative filing fee must be paid at the time of filing, which is a condition precedent to any ruling. All fines, costs, and court-ordered restitution must also be paid in full.
4. Serve the Petition: Copies of the petition must be served to the District Attorney’s office, the arresting law enforcement agency, and the clerk of the court.
5. Wait for Objection Period: The District Attorney and any victim have 45 days to file a written objection. If an objection is filed, the court will set a hearing. If no objection is filed, the court may rule without a hearing.

Summary: Your Path to a Clean Record

Navigating the expungement process for a DUI arrest record requires precision and adherence to statutory deadlines. It is a critical step to ensure that your past non-conviction does not hinder your future opportunities.

1. Confirm your DUI case resulted in a non-conviction outcome (Dismissal, Acquittal, No-Bill).
2. Gather certified court and ALEA criminal history records.
3. File the sworn CR-65 petition and pay the required fee in the Circuit Court.
4. Ensure proper notification to the District Attorney and arresting agency.

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Frequently Asked Questions (FAQ)

Q: Can a DUI conviction ever be expunged in Alabama?

A: Generally, no. While the law has expanded to include some misdemeanor convictions, DUI convictions specifically remain ineligible for expungement under current Alabama law.

Q: Will an expunged record show up on a background check?

A: No. Once a court issues an Order of Expungement, the record is removed from public access and background checks. Courts and agencies must generally respond that no record exists.

Q: Do I need a Legal Expert to file for expungement?

A: While the law does not mandate legal representation, the process is complex, requires certified documentation, and involves strict deadlines for filing and service. It is highly advisable to consult with an experienced Legal Expert to avoid procedural errors that could lead to denial.

Q: How long does the expungement process take?

A: After the petition is filed, there is a mandatory 45-day period for the District Attorney to file an objection. The total time can vary depending on whether a hearing is required and the court’s calendar, but the process takes at least several months.

Q: Where can I get the official petition form (CR-65)?

A: The Petition for Expungement of Records (CR-65) is provided by the Alabama Office of Administrative Courts and is available on the Alabama Judicial System’s website.

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