Meta Description:
Navigating the Alabama expungement process for a hit and run arrest? Learn about the eligibility requirements under the REDEEMER Act, the difference between misdemeanor and felony charges, and the steps to petition the court to seal your criminal record.
Navigating Alabama Expungement for Hit and Run Charges
A hit and run arrest, whether it resulted in a conviction or a dismissal, can cast a long shadow over your life, affecting job prospects, housing applications, and educational opportunities. Fortunately, Alabama’s expungement law—codified under the Code of Alabama 1975, Section 15-27, and significantly expanded by the REDEEMER Act—offers a pathway to clear eligible criminal records.
The key to “sealing” or expunging a hit and run record in Alabama lies in the specific charge classification (misdemeanor or felony) and the case’s final disposition. This guide provides a professional overview of the requirements and process for seeking a fresh start.
Understanding Expungement vs. Sealing in Alabama
While the terms “expungement” and “sealing” are often used interchangeably, Alabama law primarily uses the term expungement. The effect of a successful expungement is to legally treat the arrest and subsequent proceedings “as if they had never occurred” for most public purposes.
What Expungement Does:
- Public Records: Removes the charge from public record searches, including most background checks.
- Disclosure: Generally, you are not required to disclose the expunged charge on applications for employment or credit.
- Record Destruction: All related physical records are typically destroyed, with a confidential copy retained by the Alabama Law Enforcement Agency (ALEA) only for law enforcement use.
Continuing Duty to Disclose:
Even after expungement, a continuing duty to disclose the record remains for applications to certain governmental bodies, including:
- Government regulatory or licensing agencies.
- Any utility, bank, or other financial institution.
- Law enforcement agencies (for employment).
Hit and Run Classification: Misdemeanor vs. Felony
The eligibility for expungement hinges entirely on the severity of the original hit and run charge, as it is classified differently depending on the incident. A “hit and run” in Alabama (Leaving the Scene of an Accident) can range from a minor property damage offense to a serious felony.
| Classification | Severity & Eligibility Context |
|---|---|
| Class A Misdemeanor | Typically involves only property damage or minor non-serious injuries. Often eligible for expungement if requirements are met. |
| Class C Felony | Involves serious bodily injury or death. This is considered a “Serious Traffic Offense” and is generally much more difficult, or impossible, to expunge, even with a pardon. |
Tip: The “Serious Traffic Offense” Exclusion
Alabama law explicitly excludes expungement for certain convictions, including “Serious Traffic Offenses.” Since a hit and run charge carries significant potential penalties, a detailed review by a Legal Expert is crucial to determine if the specific statute you were charged under is considered excludable.
Expungement Eligibility Pathways for Hit and Run
There are two primary pathways to expungement in Alabama, based on whether the charge resulted in a conviction.
1. Non-Conviction (Dismissed Charges or Acquittal)
This is the most straightforward pathway. The charge must have been a non-violent offense, including a traffic violation, misdemeanor, or non-violent felony.
Key Waiting Periods (No Conviction):
- 90 Days: If the charge was dismissed with prejudice, no billed by a grand jury, or resulted in a “Not Guilty” verdict.
- 1 Year: If the charge was dismissed after the successful completion of a court-approved program, such as a Drug Court or Deferred Prosecution Program. The petition is filed one year from the date of successful completion.
- 1 Year (Misdemeanor/Traffic): If the charge was dismissed without prejudice and has not been refiled. You must not have been convicted of any other crime (excluding minor traffic violations) during the previous two years.
If the hit and run charge was a misdemeanor and meets one of these non-conviction criteria, it is highly likely to be eligible.
2. Misdemeanor Conviction (The REDEEMER Act)
Prior to 2021, expunging a conviction was nearly impossible. The REDEEMER Act changed this for certain non-violent misdemeanor and traffic violation convictions. This applies only to convictions, not arrests that were dismissed.
Misdemeanor Conviction Expungement Requirements:
- The offense is not excludable: Must not be classified as a Violent Offense, Sex Offense, Crime of Moral Turpitude, or a Serious Traffic Offense.
- 3-Year Waiting Period: Three (3) years must have passed since the date of conviction.
- Completion of Sentence: All probation/parole requirements, fines, costs, restitution, and other court-ordered amounts must be completed and paid in full.
- Clean Record: You must not have been convicted of any other felony or misdemeanor crime during the three years prior to filing the petition.
Case Example: Misdemeanor Expungement (Fictionalized)
A driver, John D., was convicted in 2020 of a Class A Misdemeanor Hit and Run involving minor property damage. He paid all his fines and completed his sentence in 2021. In 2024, three years after conviction, he was eligible to file a petition for expungement because his conviction was deemed a minor traffic violation and not a “Serious Traffic Offense” by the Circuit Court, allowing him to clear the record.
3. Felony Conviction
Expunging a felony conviction, such as a hit and run involving injury or death, is exceptionally difficult. It requires first being granted a Certificate of Pardon with the restoration of civil and political rights from the Alabama Board of Pardons and Paroles. Even then, the conviction must not be for an excludable offense (like a Violent Offense or Serious Traffic Offense), and additional waiting periods apply.
The Alabama Expungement Process: 4 Key Steps
The process is formal and requires careful attention to detail. It is highly recommended to consult with a Legal Expert to ensure all documents are properly filed.
| Step | Action Required |
|---|---|
| 1 | Obtain Certified Criminal History: Apply to the Alabama Law Enforcement Agency (ALEA) for a certified copy of your criminal history, which requires fingerprints. |
| 2 | Gather Disposition Documents: Obtain certified records of the case action summary, arrest, or disposition from the appropriate court or law enforcement agency to prove the case outcome. |
| 3 | File Petition: File the Petition for Expungement of Records (Form CR-65) in the Criminal Division of the Circuit Court in the county where the charges were filed. A statutory filing fee (currently $500.00) must be paid. |
| 4 | Court Review & Hearing: The District Attorney and any victims have 45 days to file a written objection. If an objection is filed, the judge will schedule a hearing. The judge has final discretion to grant or deny the petition. |
Caution: Do Not File Without All Documents
Filing a petition without all the required certified documentation, or before the mandatory waiting period has expired, is one of the most common reasons for denial. Each charge from the same incident must be included on the petition, but only one filing fee is typically required per arrest incident.
Summary: The Path to Clearing Your Record
The journey to expunging a hit and run arrest record in Alabama is complex but achievable, particularly for charges that did not result in a serious conviction.
Key Takeaways on Alabama Expungement
- Expungement is not automatic. You must file a formal petition in the Circuit Court.
- Eligibility depends on disposition: Dismissals (especially with prejudice) have the shortest waiting periods (90 days).
- Misdemeanor Convictions are now eligible: Thanks to the REDEEMER Act, certain misdemeanor and non-serious traffic violation convictions can be expunged after a 3-year waiting period and full completion of all sentencing terms.
- Felony Convictions require a Pardon: Expunging a felony conviction, especially a Class C Hit and Run, requires a Certificate of Pardon with restoration of rights before an expungement petition can even be filed.
- Consult a Legal Expert: Due to the ambiguity of what constitutes a “Serious Traffic Offense” and the mandatory filing fee, working with a Legal Expert is the safest way to ensure eligibility and a properly prepared petition.
Card Summary: Is Your Hit and Run Record Eligible?
If your Alabama hit and run charge was a non-conviction (dismissed, acquitted, or no-billed), you are likely eligible after the mandatory waiting period (90 days to 1 year). If you have a misdemeanor conviction, you may be eligible after three years, provided the court does not classify the offense as a “Serious Traffic Offense.” For all circumstances, consulting with a Legal Expert is essential to review the specific facts of your case against the requirements of Alabama Code § 15-27.
Frequently Asked Questions (FAQ)
Q: What is the main statute governing expungement in Alabama?
A: The primary law is the Code of Alabama 1975, Section 15-27, which was significantly amended by the REDEEMER Act.
Q: How long does the expungement process take?
A: The process can take several months. After filing, the District Attorney and victim have 45 days to object, and court backlogs will affect the final timeline, especially if a hearing is required.
Q: Is a DUI considered a “Serious Traffic Offense” in Alabama?
A: A DUI conviction is typically excluded from expungement under the “Serious Traffic Offense” classification. Similarly, a more serious hit and run may be excluded, which highlights the need for a case-by-case review by a Legal Expert.
Q: Does expungement guarantee I will get a job?
A: While expungement removes the record from most public background checks and is a major step forward, it does not guarantee employment. However, it removes a significant barrier to opportunity.
Q: What happens if the District Attorney objects to my petition?
A: If an objection is filed within 45 days, the Circuit Court Judge will set a hearing. You or your Legal Expert must attend the hearing and present evidence to satisfy the judge that you meet all the requirements of the Expungement Act.
Important Legal Disclaimer
This blog post is provided for informational purposes only and is not intended as legal advice. The eligibility for expungement under Alabama law, including whether a specific hit and run charge qualifies as a “Serious Traffic Offense,” requires a specific legal analysis of your unique case facts. Always consult with a qualified legal professional for advice regarding your criminal record.
This content was generated with assistance from an Artificial Intelligence model.
We believe in second chances and the power of a clean slate. Understanding the Alabama expungement law is the first step toward reclaiming your future.
Alabama Expungement, Hit and Run Record Sealing, Traffic Violation Expungement AL, Clearing Criminal Record Alabama, REDEEMER Act, Expungement Process, Misdemeanor Expungement, Felony Expungement, Expunging Arrest Records, Alabama Code 15-27
Please consult a qualified legal professional for any specific legal matters.