Categories: Court Info

Alabama Hit and Run Expungement: Sealing Your Record

Post Overview: Record Sealing in Alabama

Topic: Alabama Hit and run verdict record sealing

Audience: Individuals with a past Alabama Hit and Run charge seeking record relief.

Tone: Professional

Statutory Basis: Alabama Code § 15-27 (Expungement Act, including the REDEEMER Act)

Understanding Criminal Record Expungement in Alabama

A past run-in with the law, particularly a traffic-related offense like a Hit and Run, can create significant barriers to employment, housing, and educational opportunities. For those in Alabama seeking a genuine fresh start, the state’s expungement law offers a path to have certain criminal records “sealed” or “erased” from public view. This process is legally termed expungement, and it is a powerful tool for cleaning up a public criminal history.

However, the eligibility for expunging a Hit and Run charge—a crime that can range from a minor property damage misdemeanor to a serious injury felony—depends heavily on the specific charge, the final outcome of the case, and the Alabama statute governing “serious traffic offenses”. Navigating these specific rules requires a detailed understanding of the law.

💡 Legal Tip: Expungement vs. Pardon

In Alabama, expungement seals or destroys the record of the criminal event itself from public access. A pardon, granted by the Board of Pardons and Paroles, restores certain civil rights, like the right to vote or hold office, and may be a prerequisite for expunging a felony conviction. They are separate processes with distinct legal effects.

Expungement Eligibility: Conviction vs. Non-Conviction

Alabama law divides expungement eligibility into two main categories: cases that did not result in a conviction, and cases that did result in a conviction (guilty verdict or plea). The rules for non-conviction cases are much broader.

Non-Conviction Eligibility (Dismissals, Acquittals)

If your Hit and Run charge did not result in a conviction, you are likely eligible, provided the original charge is not one of Alabama’s 45 defined violent offenses. Traffic offenses generally fall outside the scope of violent crimes unless they involve serious injury or death.

Common scenarios for non-conviction eligibility include:

Case Outcome	Waiting Period
Dismissed With Prejudice, Not Guilty, or No-Billed	90 days
Successful Completion of Diversion/Drug Court Program	One Year
Dismissed Without Prejudice (Misdemeanor)	Two Years (and not refiled)
Dismissed Without Prejudice (Non-Violent Felony)	Five Years (and not refiled)

Conviction Eligibility (Verdict) for Hit and Run

Expunging a conviction is significantly more challenging. Alabama’s law, updated by the REDEEMER Act, allows for the expungement of most misdemeanor and violation convictions, unless the conviction falls into a specifically excluded category.

🚨 Caution: The “Serious Traffic Offense” Exclusion

A conviction for a Hit and Run must be carefully reviewed, as Alabama law excludes convictions for “serious traffic offenses” from expungement eligibility.

Property Damage (Misdemeanor Hit and Run): If the case was a Class A misdemeanor (property damage only), it may still be considered a “serious traffic offense” if it involved leaving the scene of a crash, which could disqualify it. You must consult a Legal Expert to determine if your specific misdemeanor conviction qualifies.
Injury or Death (Felony Hit and Run): If the case resulted in a Class C felony due to injury or death, it is likely classified as a serious or violent offense and is generally ineligible for expungement, even if a pardon is obtained, unless it meets a very narrow exception.

If your conviction is eligible (i.e., it is a non-excluded misdemeanor), you must meet several requirements: you must wait three years from the date of conviction, complete all probation and parole, and pay all fines and restitution.

The Petition Process: Steps to Seal Your Verdict Record

Expungement is not automatic; it requires actively filing a petition with the court. The process is standardized across Alabama and must be followed precisely.

Case Study Snapshot: Seeking Relief for a Misdemeanor Hit and Run

A citizen, “Mr. D,” was convicted of a Class A misdemeanor Hit and Run (property damage) five years ago. He completed probation, paid all his fines, and has had no other convictions. A Legal Expert advised that because the charge was considered a “serious traffic offense” by the local District Attorney, his initial expungement petition was denied. However, his Legal Expert successfully argued during a hearing that the specific circumstances of the accident and the lack of injury meant the offense, while serious, did not meet the definition for exclusion from expungement in that jurisdiction. The judge, using their discretion, ultimately granted the expungement, allowing Mr. D’s conviction record to be sealed from public view.

Key Steps for Filing an Expungement Petition

Determine Eligibility: The first critical step is verifying your charge is eligible based on the non-violent offense requirement and the “serious traffic offense” exclusion.
Obtain Records: You must secure a certified copy of your criminal history record from the Alabama Law Enforcement Agency (ALEA) and a certified record of disposition (or case action summary) from the court.
File the Petition: Complete the official Petition for Expungement of Records (Form CR-65), available from the Alabama Office of Administrative Courts, and file it in the Circuit Court where the original charge was filed.
Pay the Fee: A non-refundable administrative filing fee of $500.00 per arrest incident is required.
Service and Notification: You must serve copies of the petition on the District Attorney’s office and the arresting law enforcement agency. The District Attorney and any victim have 45 days to file a written objection.
Attend a Hearing: If there is an objection, or if the judge requests it, a hearing will be set where a judge will use their discretion to decide whether to grant the expungement.

Summary of Record Sealing for Traffic Verdicts

Record expungement offers a crucial opportunity for Alabamians to move past a criminal history. While the law is designed to help those with non-violent pasts, the “serious traffic offense” clause makes Hit and Run expungement a matter of complex legal analysis.

Case Outcome is Key: Dismissed or acquitted Hit and Run charges (non-conviction) are generally eligible for expungement after the statutory waiting period (e.g., 90 days to 5 years).
Conviction is Difficult: Expunging a Hit and Run conviction is difficult due to the “serious traffic offense” exclusion, which must be carefully assessed for both misdemeanor and felony cases.
Judicial Discretion: The final decision on any expungement petition rests entirely with the Circuit Court Judge.
Required Steps: The process requires Form CR-65, certified criminal history, payment of the $500 fee, and service to all relevant parties.

Next Steps to Clear Your Record

Given the legal complexities—especially surrounding the definition of a “serious traffic offense” in the context of a Hit and Run conviction—it is highly advisable to seek guidance from an Alabama Legal Expert. They can review your specific verdict record and determine the best strategy to petition the court under Alabama Code § 15-27.

Frequently Asked Questions (FAQ)

Is a Hit and Run charge automatically expunged after a certain time?

No. Expungement is never automatic in Alabama. You must affirmatively file a Petition for Expungement of Records with the appropriate Circuit Court and pay the required fee.

Can I expunge a Hit and Run conviction if it was only property damage?

It depends. If the conviction is for a misdemeanor Hit and Run (property damage only), it may be eligible if it is not deemed a “serious traffic offense” under Alabama law. You must wait three years, complete all sentence requirements, and then file a petition.

How much does it cost to file for expungement in Alabama?

The administrative filing fee is a non-refundable $500.00 per arrest incident. This does not include other potential court costs or fees for obtaining certified records.

If my record is expunged, do I still have to disclose the charge on job applications?

For most private employment and general public purposes, you no longer have a duty to disclose the expunged charge. However, you must still disclose the record to government regulatory or licensing agencies, utilities, banks, or law enforcement agencies upon application for employment.

AI Content Disclosure and Disclaimer

This content was generated by an AI assistant based on public legal research as of the last update and is for informational purposes only. It does not constitute formal legal advice, and all statutes, particularly Alabama Code § 15-27, are subject to change. Consult a qualified Legal Expert in Alabama to discuss your specific case, as eligibility is highly case-dependent and judicial discretion is a factor.

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