Clearing a DUI From Your Record in Alabama
Whether a DUI or DWI conviction can be expunged or sealed in Alabama, and what to do instead if it can't.
Short answer: Generally no. Conviction expungement excludes serious traffic offenses under Article 9 of Chapter 5A of Title 32, and that article includes driving under the influence (§ 32-5A-191). Ala. Code §§ 15-27-1(b)(7), 32-5A-191 (Title 32, Ch. 5A, Art. 9, Serious Traffic Offenses)
| DUI / DWI convictions | Generally no. Conviction expungement excludes serious traffic offenses under Article 9 of Chapter 5A of Title 32, and that article includes driving under the influence (§ 32-5A-191). A DUI charge that was dismissed or ended in acquittal may still qualify under the non-conviction rules. |
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| How to apply | First get a certified copy of your criminal history from ALEA. File a sworn Petition for Expungement of Records (Form CR-65) in the criminal division of the circuit court in the county where the charges were filed, attaching a certified arrest record, disposition or case action summary and the certified ALEA record. The form allows one charge per petition. Serve the district attorney, the law enforcement agency and the clerk of court. The district attorney and any victim have 45 days to object; if an objection is filed, the court sets a hearing no sooner than 14 days later and weighs factors such as the offense, the person's age and evidence of rehabilitation. If no objection is filed, the court may rule without a hearing. The form posted on ALEA's site is dated 7/2016, before the 2021 law that added conviction expungement; check with the circuit clerk for the current version. |
Where to get help in Alabama
More Alabama expungement & criminal records
- Getting a Copy of Your Alabama Criminal Record
- Expunging or Sealing a Felony in Alabama
- How to File for Expungement in Alabama
- Sealing or Expunging Juvenile Records in Alabama
- All Alabama expungement & criminal records rules
FAQ
Can a DUI be expunged in Alabama?
Generally no. Conviction expungement excludes serious traffic offenses under Article 9 of Chapter 5A of Title 32, and that article includes driving under the influence (§ 32-5A-191). A DUI charge that was dismissed or ended in acquittal may still qualify under the non-conviction rules.
How do you file for expungement in Alabama?
First get a certified copy of your criminal history from ALEA. File a sworn Petition for Expungement of Records (Form CR-65) in the criminal division of the circuit court in the county where the charges were filed, attaching a certified arrest record, disposition or case action summary and the certified ALEA record. The form allows one charge per petition. Serve the district attorney, the law enforcement agency and the clerk of court. The district attorney and any victim have 45 days to object; if an objection is filed, the court sets a hearing no sooner than 14 days later and weighs factors such as the offense, the person's age and evidence of rehabilitation. If no objection is filed, the court may rule without a hearing.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.