DUI Expungement Lawyer in Birmingham
Wiping Your DUI Record Clean
A DUI arrest not only effects your criminal record, but also your relationships,
your employment, and your housing situation. Even if you were not convicted,
it can be challenging to recover the life you had before your
DUI charges. You may also have to deal with a variety of
penalties, including jail time, fines, license suspensions and community service.
Our Birmingham criminal attorney understands how frustrating it can be
trying to get your life back on track after a DUI. This is why we are
committed to helping clients get these charges completely expunged. With
more than 10 years of criminal law experience, we know how to guide clients through this complex process and are ready
to help you seek a brighter future.
What Is Expungement?
Expungement is the process in which the court erases criminal charges,
including DUI arrests, from your record. Whether you are seeking a new
job or applying for college, it is crucial that you do everything you
can to improve your record. Even a background check will not be able to
pull up your past DUI arrest if your attorney secures a successful expungement
on your behalf.
Can my DUI Arrest Be Expunged?
Though it would be ideal for everyone arrested for DUI to have their record
expunged, not everyone is eligible. Alabama has strict laws on expungement,
making it very difficult to successfully clear your record. Factors that
may affect your ability to obtain an expungement include your criminal
record and any injuries or deaths associated with the DUI.
You can qualify for expungement if your case meets the following conditions:
- You were found not guilty
- If a felony, the charge was for a non-violent offense
- You completed a court-mandated diversion program at least one year ago
- Your charges were dismissed without prejudice
- A no-bill was reached by a grand jury
The courts will greatly restrict an expungement for any individual with
a previous DUI or felony conviction in the state of Alabama. Simply stated,
first time offenders are much more likely to have their DUI arrest expunged
than those who have previous convictions. Other issues the court will
review include the type of DUI arrest. A person with a misdemeanor DUI
has a much greater chance to clear their record than a person who faced
What If I Was Dismissed Without Prejudice?
If your charges were dismissed without prejudice, you will have to wait
two years for after your misdemeanor case—or five years, for felony
charges—to determine if you are eligible for an expungement. If
you have been convicted of any other felony or misdemeanor in the meantime,
you will not be able to expunge your record.
Steps to Getting Your Record Expunged
If eligible for expungement, you have to file a petition for expungement.
In this petition, you must give a sworn statement that you have satisfied
all of the requirements and document whether or not you have applied for
an expungement in the past. You must also include a certified record of
arrest, a disposition, and a certified official criminal record, and present
grounds for the court to consider the motion.
After filing the petition, the district attorney's office will have
45 days to provide an objection. If there is no objection and you are
granted expungement, your records will, essentially, be erased and no
one will be able to find them without permission or special authority.
Discuss Your Options with a Seasoned DUI Lawyer
No matter what type of DUI arrest you are trying to remove from your record,
it is crucial that you speak with an attorney about your case. Tidwell
Law Group, LLC is here to guide you through this difficult and complex
process. With more than a decade of experience in DUI defense in Birmingham, our
lawyer is prepared to explain your options for expungement and help you pursue
a favorable outcome.