Categories: Criminal

Alabama Expungement Guide: Sealing ‘Hit and Run’ Records

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Navigating Alabama’s expungement law is crucial for clearing a ‘hit and run’ (Leaving the Scene of an Accident) charge or conviction. Learn about the eligibility requirements under the REDEEMER Act, the distinction between misdemeanor and felony cases, the necessary waiting periods, and the exact steps to file a Petition for Expungement in a Circuit Court.

Sealing Your Alabama ‘Hit and Run’ Records: The Expungement Process

A criminal record, even one stemming from a traffic-related incident like a ‘hit and run’ (formally known as Leaving the Scene of an Accident), can create significant barriers to employment, housing, and education. Fortunately, Alabama’s expungement law, significantly expanded by the 2021 REDEEMER Act (Act No. 2021-286), offers a pathway to seal or “erase” these records from public view in certain circumstances.

Understanding whether your specific case qualifies for this relief is the essential first step. Eligibility hinges critically on three factors: the charge’s final disposition (conviction or non-conviction), the classification of the offense (misdemeanor or felony), and whether the offense is considered a violent or serious traffic crime under state law.

Defining Eligibility for ‘Hit and Run’ Expungement

In Alabama, the expungement process allows a person to petition the Circuit Court to clear the record of a criminal offense. Since a hit and run offense can range from a minor traffic violation to a serious felony, its classification is paramount:

Non-Conviction Cases: Dismissals and Acquittals

If your charge for Leaving the Scene of an Accident did not result in a conviction, your eligibility is higher, provided the charge was non-violent.

Tip: Non-Conviction Waiting Periods (Misdemeanor/Traffic)

Dismissed with Prejudice / Found Not Guilty: Eligible after 90 days.
Successful Diversion Program Completion: Eligible one year after completion.
Dismissed without Prejudice: Must wait one year, and no new convictions (excluding minor traffic violations) during the previous two years.

Conviction Cases: Misdemeanor vs. Felony

Prior to 2021, most convictions were ineligible. The REDEEMER Act now allows for the expungement of certain misdemeanor convictions, but it specifically excludes violent offenses, sex offenses, and serious traffic offenses.

Caution: The ‘Serious Traffic Offense’ Disqualification

If your hit and run conviction is classified as a “serious traffic offense” under Alabama law, it is not eligible for expungement, even if it was technically a misdemeanor. Generally, a misdemeanor hit and run involving only property damage has a better chance of being eligible than one involving injury, which often carries a felony classification and disqualifies the record from expungement. Consult with a Legal Expert to confirm the specific classification of your conviction.

Misdemeanor Conviction Requirements:

If your misdemeanor conviction for a hit and run is not deemed a serious traffic offense, you must meet the following statutory criteria (Ala. Code § 15-27-1(b)):

All probation or parole requirements must be completed.
All court-ordered payments, including fines, costs, and restitution, must be paid in full.
Three years must have passed from the date of conviction.
The person cannot have been operating a commercial vehicle at the time.
You may only expunge a maximum of two misdemeanor convictions in your lifetime.

The Alabama Expungement Procedure

The expungement process is not automatic; it requires filing a formal petition with the court and can take several months.

Step 1: Gather Required Documents

Before filing, you must secure certified copies of two key documents (Ala. Code § 15-27-3(b)):

A certified official criminal record from the Alabama Law Enforcement Agency (ALEA).
A certified record of arrest, disposition, or case action summary from the appropriate court or law enforcement agency where the charge occurred.

Step 2: File the Petition (CR-65)

You must file the Petition for Expungement of Records (Form CR-65) with the criminal division of the Circuit Court in the county where the charges were originally filed.

Filing Fees:

There is a non-refundable administrative filing fee of $500.00 for each petition/arrest incident. This fee must be paid at the time of filing, though an Affidavit of Substantial Hardship may be available if you are unable to afford the cost.

Step 3: Service and Review

The Petitioner must serve a copy of the petition to the District Attorney, the relevant law enforcement agency, and the clerk of the court. The District Attorney’s Office then has 45 days to file an objection to the expungement.

Step 4: Court Ruling

The Circuit Court Judge has the final authority and discretion to grant or deny the expungement. The judge may rule on the petition with or without a hearing. If the petition is granted, the court issues an order to seal or erase the record, notifying all relevant parties.

Summary: Key Takeaways for Sealing Your Record

Check the Offense Type: Your ‘hit and run’ must not be classified as a violent or serious traffic offense for eligibility.
Determine the Outcome: Expungement is easier for non-convictions (dismissals/acquittals) with shorter waiting periods (90 days to 1 year).
Fulfill All Requirements: If convicted of a qualifying misdemeanor, you must complete all sentence terms, pay all financial obligations, and wait three years from the conviction date.
Use the CR-65 Form: File the required Petition for Expungement of Records (CR-65) in the correct Circuit Court along with certified criminal history records.

Expungement: Your Path to a Clean Slate

Seeking an expungement is a proactive and vital step toward regaining control over your future. While the process is detailed and requires strict adherence to Alabama law, a successful expungement means the record will no longer appear on standard background checks for employers or landlords, providing a fresh start and removing long-term consequences.

Frequently Asked Questions (FAQ)

Q: What is the primary difference between “sealing” and “expunging” records in Alabama?

A: In Alabama, the process is generally referred to as expungement. When a record is expunged, it is sealed or “erased” from public access. The record is removed from public background checks, though law enforcement and criminal justice agencies may retain access for limited, specific purposes.

Q: Can a felony hit and run conviction ever be expunged?

A: Expunging a felony conviction is significantly more difficult. It generally requires the person to first be granted a full pardon by the Alabama Board of Pardons and Paroles, which includes the restoration of civil and political rights. Even then, a waiting period of at least 180 days after the pardon is required before expungement can be sought.

Q: How long does the expungement process usually take?

A: The entire process, from filing the petition to receiving a court order, typically takes about 2–4 months, though complex cases can take longer depending on the court’s caseload and if the District Attorney objects.

Q: Do I need a Legal Expert to file the petition?

A: While Alabama law does not strictly require you to have a Legal Expert, the process is complex, and the eligibility requirements are intricate and frequently updated. Hiring an experienced Legal Expert is highly recommended to ensure all statutory criteria are met and to navigate the court process, which improves the chances of success.

Disclaimer

This article was generated by an AI model and is intended for informational purposes only. It is not legal advice. Alabama expungement law is governed by the Code of Alabama 1975, Title 15, Chapter 27 (the REDEEMER Act, 2021-286) and is subject to change. Always consult with a qualified Legal Expert to review your specific criminal history, assess eligibility, and handle the formal petition process.

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