From the sounds of the article, he is or will be found guilty.
That said, I will bet he will race his car as the car can not be operated on public roads as it can not be registered, thus, he will not need a license to drive it.
Little Al has not raced in CART for about 2 or three years now. He has only gotten a ride in the Indy 500, and I don't know if he even drove in the 2006 Indy 500, he may have had a ride but did not qualify.
I think I recall the announcer mentioning that it was the first Indy 500 where no Unser was in the race in over 20+ years.