A Path to a Clean Slate: Alabama Hit & Run Record Sealing

Facing a criminal charge, especially one as serious as a “hit and run” in Alabama, can feel like a life-altering event. The legal system, however, often provides pathways for resolution that include a potential clean slate. Many individuals navigate this process through a change of plea, or a plea bargain, which determines the final outcome of the case.

The crucial question that follows is: Can I get my record sealed or expunged after the case concludes? The answer depends entirely on the disposition—was the charge dismissed, or did it result in a conviction? Understanding Alabama’s specific expungement statute is the key to protecting your future employment and housing opportunities.

Hit and Run: Misdemeanor vs. Felony in Alabama

The severity of an Alabama “hit and run” charge directly impacts your expungement eligibility. Leaving the scene of an accident is classified based on the resulting harm:

• Misdemeanor Charge: A driver who leaves the scene of an accident that only causes damage to property or an attended/unattended vehicle is typically charged with a Class A misdemeanor. This carries a penalty of up to one year of imprisonment and a fine up to $6,000.
• Felony Charge: If the accident results in injury or death, fleeing the scene is a Class C felony, which can lead to a prison sentence of 1 year and 1 day up to 10 years and a fine up to $15,000.

Under Alabama law (Title 15, Chapter 27), the path to record removal is significantly different for non-convictions and misdemeanor convictions, while serious felony convictions for violent or serious traffic crimes are generally ineligible for expungement.

The Change of Plea: The Legal Lever for Expungement

A “change of plea” is a critical moment where the defendant agrees to plead guilty (or sometimes no contest, though not used in Alabama) to a charge, often in exchange for concessions from the prosecutor, such as a reduced charge or a specific sentencing recommendation. The court must ensure this plea is entered knowingly, intelligently, and voluntarily.

Alabama’s Expungement Law: Eligibility and Process

In Alabama, the term used for sealing a criminal record from public view is primarily expungement. Once granted, the record no longer appears on most background checks. The following criteria, governed by Title 15, Chapter 27, are essential:

Non-Conviction Eligibility (Plea Led to Dismissal)

If your “hit and run” charge (misdemeanor, violation, or traffic violation) was dismissed as part of your plea agreement, you may be eligible under several circumstances:

Outcome	Required Waiting Period
Dismissed with prejudice, Acquitted, or No-Billed	90 days passed
Dismissed without prejudice (and not refiled)	More than one year passed, and no new convictions in the previous two years (excluding minor traffic violations)

Misdemeanor Conviction Eligibility

If your change of plea resulted in a conviction for a misdemeanor “hit and run” (damage only), you may still qualify for expungement if all of the following conditions are met:

• You successfully completed all terms of the sentence, including probation, parole, and the payment of all fines, costs, restitution, and other court-ordered amounts.
• Three years have passed from the date of the conviction.
• The offense was not classified as a serious traffic offense, violent crime, or a sexual offense.

Summary: Your Path Forward

The journey from a “hit and run” charge to a clean record involves strategic legal decisions, particularly during the plea negotiation phase. The outcome of your change of plea is the single most important factor in determining your expungement eligibility.

1. Assess the Charge: Determine if the “hit and run” was a misdemeanor or felony. Felony convictions for serious injury/death are generally not expungeable.
2. Review the Plea Outcome: The best outcome for expungement is a dismissal, ideally “with prejudice,” which allows you to petition after only 90 days.
3. Calculate the Waiting Period: Depending on the outcome (dismissal or misdemeanor conviction), a mandatory waiting period of 90 days, one year, or three years must pass before you can file the petition.
4. File the Petition: Gather all certified records and file the Petition for Expungement in the appropriate Circuit Court with the $500 fee.

FAQ About Alabama Expungement

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