A DUI arrest in Birmingham, Alabama, can have a lasting effect on your life, even years after the case has concluded. It may affect your job, housing prospects, and reputation. Alabama law allows some eligible individuals to pursue an expungement of records related to certain DUI charges.
Achieving an expungement, however, is not always straightforward. Working with a lawyer who understands Alabama’s expungement laws can help you determine whether you are eligible and follow the proper steps.
Contact us today at (205) 930-9800 to schedule a free case review with a Birmingham DUI expungement lawyer and learn more about how we can help you clear your record.
Why Choose Jaffe, Hanle, Whisonant & Knight, P.C. for Help With a DUI Expungement in Birmingham, AL?
Choosing the right law firm for a DUI case can make a significant difference in how your expungement petition is handled. At Jaffe, Hanle, Whisonant & Knight, P.C., you put your case in the hands of a defense team respected and trusted across Alabama.
Our Birmingham criminal defense lawyers offer:
- Attorneys with 100 years of combined experience, including fighting criminal charges in Alabama
- Hundreds of positive reviews from former clients
- Members of our team have been selected to Super Lawyers lists, including several who have received repeated recognition
- Lawyers with 10.0 Avvo ratings and membership in the National Trial Lawyers Top 100
An expungement petition requires accurate records, careful preparation, and attention to Alabama’s eligibility rules. Call us today to schedule a free case evaluation with a Birmingham DUI attorney who can guide you through the process and help you secure a cleaner future.
Which Alabama DUI Records May Be Expunged?
Some people arrested for DUI may be able to expunge records related to the charge if the case ended without a conviction. After any applicable waiting period, you may qualify if the charge was dismissed, nolle prosequi, or resolved through an acquittal.
A person may also qualify after successfully completing an approved diversion, treatment, or court program that resulted in the charge being dismissed. Eligibility depends on the exact disposition of the case and the requirements of Alabama’s expungement statutes.
A DUI conviction generally does not qualify for expungement. Alabama permits the expungement of some convictions, but its law excludes certain traffic offenses. A Birmingham DUI expungement attorney can review the court record and current law to help determine whether a particular case is eligible.
What Is the DUI Expungement Process in Birmingham, Alabama?
If you are eligible for a DUI expungement, the process involves specific documents and filing requirements.
Obtain Your Criminal History
Start by requesting a certified copy of your current criminal history record from the Alabama Law Enforcement Agency. ALEA requires applicants to obtain this record before filing an expungement petition.
Gather the Required Court Records
Obtain certified records from the municipal, district, or circuit court that handled your DUI case. The records should show how the case ended, such as through dismissal, acquittal, or completion of a diversion program.
Alabama’s petition form generally requires a certified arrest record or case disposition, along with the certified criminal history obtained from ALEA.
Prepare and File the Petition
Complete the current Petition for Expungement of Records and file it in the criminal division of the circuit court in the county where the charge was filed. For many Birmingham cases, the proper filing location will be Jefferson County, but the original court record should be reviewed to confirm where the petition belongs.
The petition must identify the charge, explain why the case qualifies, and include the required supporting records.
Pay the Applicable Filing Costs
An expungement petition may require a statutory administrative fee and additional court costs. A person who cannot afford certain costs may be able to submit an Affidavit of Substantial Hardship, although the availability and scope of a waiver depend on the applicable rules.
Respond to Objections or Attend a Hearing
The district attorney and other agencies receive notice of the petition and may file an objection. If an objection is submitted or if the judge determines that a hearing is necessary, the court may schedule a hearing before deciding the petition.
At the hearing, the petitioner may need to explain why the case meets Alabama’s requirements and why granting the expungement is appropriate.
Wait for the Court’s Decision
If the judge grants the petition, the court will enter an expungement order. The clerk and other agencies will then take the steps required by the order. The petitioner or the petitioner’s lawyer should monitor the case to ensure the order contains accurate identifying information and is distributed to the proper agencies.
Expungement is not automatic. A Birmingham DUI defense lawyer can help verify your eligibility, gather the necessary records, and reduce the risk of delays caused by filing errors.
What Happens After a DUI Expungement Is Granted?
Once an expungement order is implemented, the covered arrest and court records are generally removed from ordinary public access. This can prevent the records from appearing in many routine public searches and background checks.
Expungement does not mean that every record is erased for every purpose. Alabama law allows certain government agencies and other authorized parties to access or use expunged information in limited circumstances.
In many situations, a person may be permitted to respond that the expunged matter did not occur. However, exceptions may apply to certain government positions, professional licenses, law enforcement inquiries, or applications that specifically require disclosure.
An expungement may reduce barriers to employment, education, and housing. Its effect on professional licensing or other regulated activities depends on the authority involved and the information requested.
Contact Our Birmingham DUI Expungement Lawyer for a Free Consultation
A past DUI arrest does not always have to follow you indefinitely. If your charge was dismissed, you were acquitted, or you completed an eligible diversion program, you may have grounds to request an expungement.
Every case is different. An experienced lawyer can review your criminal history, determine whether the charge may qualify, and guide you through the filing process. Call Jaffe, Hanle, Whisonant & Knight, P.C., to schedule a free consultation with a Birmingham DUI expungement attorney today.