DUI Expungement in Alabama

What is DUI expungement, and is it possible in Alabama?

DUI expungement is the legal process of sealing or destroying a DUI (driving under the influence) conviction from your criminal record. This process is possible in Alabama, and is called setting aside a conviction. This means the court may order that your prior conviction be treated as if it never occurred, and it will be removed from your public record. However, this process is only available in certain circumstances.

What are the eligibility criteria for DUI expungement in Alabama?

In order to be eligible for a DUI expungement in Alabama, you must meet the following criteria:

1. There must be at least five (5) years between the date of your conviction and the date of your expungement petition.

2. You must have successfully completed all sentencing requirements, including the payment of fines and/or completion of community service.

3. You must not have any other pending criminal charges in either state or federal court.

4. You must not have been convicted of any other crimes in the last five years.

5. You must not have any DUIs pending or outstanding in any other state.

6. You must submit a written petition for expungement to the court where your conviction occurred, along with supporting documents and evidence that you meet the eligibility criteria.

Is there a waiting period before someone can apply for DUI expungement in Alabama?

Yes. In Alabama, the waiting period for DUI expungement is two years after the completion of the DUI sentence.

What types of DUI convictions may be eligible for expungement in Alabama?

The types of DUI convictions that may be eligible for expungement in Alabama are as follows: first-time DUI convictions, misdemeanor DUI convictions, and certain felony DUI convictions.

Are there specific conditions or rehabilitation programs required for expungement eligibility in Alabama?

Yes, in order for an expungement to be granted in Alabama, a person must complete specific conditions and/or rehabilitation programs, depending on the type of offense they were convicted of. These may include: successful completion of a term of probation; successful completion of a court-approved drug rehabilitation program; successful completion of community service hours; or full restitution of any damages caused by the offense. Additionally, some offenses may require the petitioner to wait a certain period of time after the completion of their sentence before they can apply for expungement.

How does someone initiate the DUI expungement process in Alabama?

In Alabama, the process for expungement of DUI records is known as “set aside.” In order to initiate the set aside process, you must file a petition with the circuit court of the county in which you were convicted. The petition must include the information about your conviction, including your name, address, the date of conviction, and the offense you were convicted of. Your petition should also include a copy of your driving record from the Alabama Department of Public Safety. Once your petition is filed, you will need to appear before a judge to argue your case for expungement. The judge will then decide if your petition should be granted or denied.

What documentation or evidence is needed when applying for expungement in Alabama?

When applying for expungement in Alabama, the applicant must submit documentation or evidence to demonstrate that they meet the criteria for expungement. This may include but is not limited to: court records, police records, jail records, arrest reports, and any other documents related to the case. Additionally, applicants must submit an affidavit stating that they have not been convicted of any other crimes in the past 10 years. The court may also require additional documentation or evidence, such as proof of rehabilitation or a letter of recommendation from a qualified professional.

Are there fees associated with filing for DUI expungement in Alabama?

Yes, there are fees associated with filing for DUI expungement in Alabama. The fee for expungement is $300.

Can individuals with multiple DUI convictions apply for expungement in Alabama?

In Alabama, it is possible to apply for expungement of DUI convictions, but the process is complicated. The law in Alabama requires that all DUI convictions be sealed for five year before a petitioner can qualify for expungement. Additionally, individuals with multiple DUI convictions will need to demonstrate that they have been living an upright life since their convictions and that they have not committed any other offenses.

Does expungement result in the complete removal of the DUI record, or is it sealed in Alabama?

Expungement in Alabama does not remove the DUI record completely; instead, it is sealed and prevented from public view.

How do employers, landlords, and background check companies view expunged DUI records in Alabama?

Employers, landlords, and background check companies can still view expunged DUI records in Alabama. Under Alabama law, an expunged DUI record is not considered a conviction for most purposes and is not available for public view. However, employers, landlords, and background check companies may still be able to access the expunged record in certain circumstances. For example, employers may access the expunged record if they are conducting a background check for a job that involves driving or if they receive permission from the court system. Similarly, landlords may be able to access the record if they are conducting a background check in connection with renting an apartment.

Is there a difference between expungement and setting aside a DUI conviction in Alabama?

Yes, expungement and setting aside a DUI conviction in Alabama are two different processes. Expungement is a process of removing a conviction from your criminal record while setting aside a DUI conviction is a process of vacating or dismissing the conviction.

Can expunged DUI records be used against an individual in future DUI cases in Alabama?

No, expunged DUI records cannot be used against an individual in future DUI cases in Alabama. According to Alabama state law, once a DUI case has been expunged, the records of the case are considered confidential and cannot be used in any manner in any legal proceedings.

Do expunged DUI records affect professional licensing or certifications in Alabama?

Expunged DUI records can still affect professional licensing or certifications in Alabama. The Alabama Board of Medical Examiners states that “a criminal conviction, even if it has been expunged from the public record, may be considered in determining an applicant’s fitness to practice medicine.” Similarly, the Alabama Board of Nursing states that “a criminal conviction, even if it has been expunged, may be considered when determining an applicant’s fitness for licensure.” Therefore, it is possible that expunged DUI records could still impact professional licensing or certifications in Alabama.

Are there any restrictions on firearm ownership after DUI expungement in Alabama?

Yes, the state of Alabama has restrictions on firearm ownership after DUI expungement. Anyone convicted of a DUI is prohibited from owning or possessing a firearm until the conviction is expunged. Furthermore, anyone who has been convicted of any felony is also prohibited from owning or possessing a firearm until the conviction is expunged.

Is there a waiting period for expungement to take effect after approval in Alabama?

No. Once the expungement is approved, the record will be immediately expunged and the person’s criminal record will be cleared.

What role does the court or prosecutor play in the DUI expungement process in Alabama?

In Alabama, the court and prosecutor have a limited role in the DUI expungement process. The court is responsible for judicial review and approval of the petitioner’s request for expungement. This includes determining the eligibility requirements for expungement and approving the expungement order. The prosecutor is responsible for providing legal representation to the state and providing input to the court. The prosecutor may recommend whether or not they believe the petitioner should be granted an expungement.

Are there resources or organizations that provide guidance on DUI expungement in Alabama?

Yes. The Alabama Lawyer Referral Service (ALRS) is a nonprofit organization that provides free information and referrals to attorneys who are experienced in DUI expungement in Alabama. Additionally, the Alabama Department of Public Safety (ALDPS) offers a DUI Expungement Guide on their website. This guide provides information on obtaining an expungement of DUI charges in Alabama.

What is the timeline for completing the DUI expungement process in Alabama?

The DUI expungement process in Alabama can take anywhere from four to six months to complete. The timeline includes submitting a petition to the court, attending a hearing, and waiting for the court to make a decision. The waiting period for court orders can range from several weeks to several months depending on the court’s schedule. Once a court order is issued, the record will be expunged within 90 days.

How does DUI expungement impact immigration status, if applicable in Alabama?

In Alabama, DUI expungement does not have any direct impact on immigration status. However, immigration authorities may still consider a DUI conviction when making decisions regarding an immigrant’s application for admission, naturalization, or other immigration benefits. Therefore, it is important to consult with an immigration attorney before pursuing a DUI expungement in order to understand any potential impacts on your immigration status.