Can a DUI be expunged in Alabama?

Whether a DUI can be cleared at all

The Alabama Unified Judicial System petition form for expungement, form CR-65, sets out seven conditions that must all be met before a misdemeanor, violation, traffic violation or municipal ordinance conviction can be expunged, and states that if all seven boxes are not checked the conviction is not eligible. One of the seven is that the conviction is not a serious traffic offense as provided in Article 9 of Chapter 5A of Title 32, the article that carries driving under the influence under Section 32-5A-191. The others cover completed probation and payments, three years since the conviction, commercial driving, violent offenses, sex offenses and offenses involving moral turpitude.

“[ ] The conviction is not a serious traffic offense, as provided in Article 9 of Chapter 5A of Title 32.”

The driving record is a separate record

This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.

Not addressed on the official pages read. No Law Enforcement Agency page addresses removing a driving-under-the-influence conviction from the driver record, and expungement of a criminal record is handled by the courts rather than the driver licence side of the agency. The Alabama driver manual states that points count toward suspension for a period of two years from the date of conviction but remain on a driver's record. A copy of a driver record costs $5.75 from the agency.

“purposes for a period of two years from the date of conviction but remain on a driver's record.”

What else sits on that record: suspensions and points in Alabama.

How long the wait is, and from when

For a misdemeanor, violation, traffic violation or municipal ordinance conviction, form CR-65 requires that three years have passed from the date of conviction, and that all probation or parole requirements are complete including payment of all fines, costs, restitution and other court-ordered amounts. It also states that no more than two expungements may already have been granted. That three-year clock belongs to the convictions that clear the serious traffic offense condition.

“[ ] all probation or parole requirements have been completed, including payment of all fines, costs, restitution, and other court-ordered amounts, and are evidenced by the applicable court or agency. [ ] Three years have passed from the date of conviction.”

Automatic or by petition

Alabama has no automatic clearing law. Expungement starts with a petition filed in the circuit court, and the Law Enforcement Agency states that an Alabama court grants expungements rather than the agency. Before filing, a certified copy of the criminal history record must be obtained from the Law Enforcement Agency.

“Before you file for expungement, you must first obtain a certified copy of your criminal history record from ALEA by following the instructions on this form.”

Where it is filed, and what it costs

Form CR-65 is filed in the circuit court of the county in which the underlying case was brought, so that a municipal ordinance violation charged in one city is filed in the circuit court for that county. The form states a $500 filing fee unless the court finds the petitioner indigent and waives it, that one expungement covers all charges from the same arrest or incident, and that a separate filing fee is due for each arrest where multiple arrests are involved.

“If the Court does not determine the Petitioner to be indigent and does not waive the $500.00 filing fee, when the Petitioner is seeking the expungement of multiple charges arising from one arrest, only one filing fee shall be paid.”

The statute: Ala. Code § 15-27-2

“The Code of Alabama 1975, Section 15-27 allows for the expungement of criminal records in certain circumstances. An Alabama court grants expungements, not ALEA.”