Decoding the Path to a Clean Slate: Alabama Hit-and-Run Appeals and Expungement

A conviction for a hit-and-run (leaving the scene of an accident) in Alabama can carry severe and long-lasting consequences, impacting everything from employment opportunities to housing applications. The severity of the charge itself depends heavily on the outcome of the accident: typically, damage only results in a Class A misdemeanor, while an accident causing injury or death is classified as a Class C felony. For those facing the aftermath of a conviction, there are two primary legal avenues to explore: the appeal process, which challenges the guilty verdict, and expungement, which legally erases the record after the case concludes. Understanding the complex intersection of these processes is essential to securing post-conviction relief.

The Critical Appeal Process in Alabama Criminal Cases

An appeal is not a re-trial where new evidence is presented; rather, it is a review by a higher court (usually the Alabama Court of Criminal Appeals) to determine if a legal error occurred during the original trial that affected the outcome.

1. Appealing a Misdemeanor (Municipal/District Court)

If you are convicted of a misdemeanor or municipal ordinance violation—which often covers property-damage-only hit-and-run incidents—in a Municipal or District Court, you have a right to a trial de novo (a new trial) in the Circuit Court.

• Deadline: A written notice of appeal must be filed with the municipal court within 14 days of the conviction date.
• Procedure: You must file the written notice and an appeal bond. Once filed, the entire case is transferred and heard anew in the Circuit Court.

2. Appealing a Felony (Circuit Court)

A conviction for a felony hit-and-run (involving injury or death) begins in the Circuit Court. To appeal a Circuit Court felony conviction, you must file a Notice of Appeal.

• Deadline: The Notice of Appeal must be filed within 42 days of the sentencing date or the denial of any post-trial motions.
• Grounds: Appeals focus on reversible errors, such as sentencing errors, serious errors of law, abuse of discretion by the judge, or ineffective counsel.

Expungement: Clearing Your Alabama Criminal Record

Expungement is the process of having records related to a criminal charge legally “erased” or sealed from public view by court order. Alabama’s expungement law, codified in the Code of Alabama 1975, Section 15-27, outlines strict eligibility criteria.

Eligibility for Hit-and-Run Charges (Convictions)

While expungement is most straightforward for cases that did not result in a conviction (e.g., dismissed, found not guilty, no-billed by a grand jury), a conviction for a lower-level hit-and-run may be eligible under certain conditions:

Conviction Type	Key Requirements (Ala. Code § 15-27-1(b))
Misdemeanor, Violation, or Traffic Violation Conviction	Three years must have passed from the date of conviction. All probation, parole, fines, costs, and restitution must be completed and paid. The conviction must not be classified as a violent offense. The petitioner must not have been operating a Commercial Motor Vehicle (CMV) if the offense is enumerated in 49 C.F.R. § 383.51.

Filing the Expungement Petition

The process to expunge records is formal and must be initiated by the individual. The Circuit Court in the county where the charge occurred has exclusive jurisdiction.

Summary: Dual Avenues for Post-Conviction Relief

Whether you are pursuing a direct challenge to your conviction or seeking to clear an old, resolved charge, the Alabama legal landscape is unforgiving of errors and missed deadlines. Working with a knowledgeable legal expert is the best way to ensure compliance with the complex statutory requirements.

1. The Appeal challenges the court’s verdict and must be filed within a narrow window (14 or 42 days) based on the conviction level, focusing on legal or procedural errors.
2. Expungement, governed by Code of Alabama § 15-27-1, clears the record but is generally reserved for non-conviction cases or non-violent misdemeanor/traffic violation convictions after a three-year waiting period and fulfillment of all sentence requirements.
3. The expungement decision is a matter of judicial discretion, meaning the judge has the final authority to grant or deny the petition even if all statutory checkboxes are met.
4. A felony hit-and-run conviction for injury or death is typically categorized as a violent offense and is therefore ineligible for expungement under current Alabama law.

Frequently Asked Questions (FAQ)

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

A: Generally, no. Hit-and-run charges that result in a felony conviction (involving injury or death) are considered violent offenses under Alabama law and are currently ineligible for expungement. Expungement is usually reserved for non-conviction cases or specific, non-violent misdemeanors, traffic violations, or municipal ordinance violations.

Q: What is the waiting period for expunging a misdemeanor hit-and-run conviction?

A: You must wait three years from the date of conviction for a misdemeanor offense, violation, or traffic violation. This waiting period only begins after you have completed all terms of your sentence, including probation, parole, and the payment of all fines, costs, and restitution.

Q: What is the deadline to appeal a Municipal Court hit-and-run conviction?

A: If your conviction was in Municipal Court (typically for a misdemeanor hit-and-run), you must file a written Notice of Appeal within 14 days of the conviction date to get a trial de novo in the Circuit Court. For Circuit Court felony convictions, the deadline is 42 days.

Q: How much does it cost to file an expungement petition in Alabama?

A: The new Alabama expungement law requires a mandatory administrative filing fee of $500.00 to file the petition. This fee is separate from any local court costs, docket fees, or fees charged by a legal expert.

Q: What happens after the expungement petition is filed?

A: Once filed with the Circuit Court, the petition is served on the District Attorney, who has 45 days to file an objection. If an objection is filed, the judge will set a hearing. Whether or not a hearing is held, the judge has the final discretion to grant or deny the petition.

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