Many Alabama Conviction Will Soon Be Eligible for Expungement Including Marijuana But Not DUI


A bill allowing for the expungement of some criminal convictions in Alabama, but not DUI convictions, has passed both the Alabama Senate and House and is on its way to the governor today. It is anticipated that Governor Ivey will sign the bill into law.

Senate Bill 117 makes several changes to Alabama’s expungement law. Perhaps most surprising is that it opens the floodgates for the expungement of certain criminal convictions. Under prior Alabama law the only criminal convictions eligible for expungement were certain convictions of victims of human trafficking. Under Senate Bill 117 many misdemeanor convictions will be eligible for expungement three years after the date of conviction and some felony convictions will even be eligible for expungement if the person has obtained a pardon.

Driving Under the Influence convictions will remain ineligible for expungement under the new law. For this reason, it remains critical for those charged with DUI in Alabama to hire an attorney experienced with Alabama DUI law to fight against a DUI conviction.

Perhaps those who will benefit most from the new law are people with old misdemeanor possession of marijuana or drug paraphernalia convictions.

The bill will become effective on the 1st day of the third month after it is signed into law by the governor or otherwise becomes law. Assuming it is signed before the end of the current month, that will be July 1, 2021.