BIRMINGHAM, Alabama – U.S. District Court Judge Mark Fuller, of Montgomery, today accepted a plea deal that will have last month's arrest for beating his wife at an Atlanta hotel expunged if he completes a counseling program, the judge's lawyer said this morning.

Fuller, who serves Alabama's federal middle district, was arrested Aug. 9 after his wife reported to police that her husband was drunk when he beat her while they were at an Atlanta hotel. She had accused him of having an extra-marital affair with his law clerk.

When Fuller appeared in at an Atlanta Magistrate Court hearing this morning he accepted a plea deal for pre-trial diversion offered by the solicitor, said Fuller's attorney Barry Ragsdale. The plea deal was approved by the judge and with the consent of Fuller's wife, he said.

Under the deal, Fuller has to have a drug and alcohol evaluation, Ragsdale said. Fuller has already had one performed by a private counseling service and Ragsdale said he hopes the judge will accept that report. If not, Fuller will undergo an evaluation by a counseling service approved by the court, he said.

"He doesn't have a drug or alcohol problem and never has," Ragsdale said.

Fuller also will have to undergo a once a week family and domestic violence program for 24 weeks, Ragsdale said. The judge can undergo that counseling at a court-approved counseling service in Alabama, he said.

Once he completes those requirements there will be no charges and the record will be expunged under the deal, Ragsdale said. "It will essentially put him back with a clean record," he said.

Ragsdale provided a statement from Fuller following the hearing.

"I reached this difficult decision after consulting with my family, and deciding that it was in everyone's best interests to put this incident behind us," Fuller stated. "While I regret that my decision means that the full and complete facts regarding this incident will likely not come out, I have no doubt that it is what is best for all involved."

"This incident has been very embarrassing to me, my family, friends and the court. I deeply regret this incident and look forward to working to resolve these difficulties with my family, where they should be resolved," Fuller stated.

"As difficult as this situation is, I hope that you can respect the need to let my family heal as we move forward with addressing our private and personal family issues. I look forward to completing the family counseling that I voluntarily began several weeks ago and to successfully completing the requirements of the diversion. I also look forward to addressing the concerns of the Court and hopefully returning to full, active status in the Middle District of Alabama."