Categories: DUI

Alabama Hit and Run: Expunging Records & Discovery Rights

Q: Does expungement erase the record completely?

For most public purposes, yes; the proceedings are deemed 'never to have occurred,' and you do not need to disclose the charge to most employers. However, the records are archived by law enforcement and may still be accessed by criminal justice agencies for investigation purposes.

Meta Summary: Record Sealing in Alabama

Navigating an Alabama Hit and Run charge involves two key stages: the pre-trial discovery phase and the post-resolution process of record expungement. Understanding how these processes interact is crucial for protecting your future. While the discovery phase is about gathering evidence, the potential for expungement—Alabama’s term for record sealing—hinges on the ultimate disposition of the case. Generally, dismissed or non-conviction outcomes may be eligible for expungement, whereas convictions for serious traffic offenses like Hit and Run are often explicitly excluded under Alabama Code § 15-27. Consult a Legal Expert to determine your specific eligibility and strategy.

The Critical Role of Discovery in a Hit and Run Case

The term “discovery” refers to the formal, pre-trial process in both criminal and civil proceedings where parties exchange information and evidence to prevent surprise at trial and facilitate resolution. For an Alabama Hit and Run case—which can involve both criminal charges for leaving the scene and a civil lawsuit for damages—the discovery phase is arguably one of the most important periods of litigation.

A Hit and Run charge, especially one involving injury, is taken with utmost seriousness in Alabama, potentially leading to misdemeanor or felony charges and civil liability. The evidence gathered during discovery can determine the viability of a defense or a civil claim, ultimately influencing the final case disposition, which is the gateway to record expungement.

Key Discovery Tools in Alabama Lawsuits

The Alabama Rules of Civil Procedure govern the tools used during this phase, which allow a party and their Legal Expert to build or dismantle a case.

Alabama Discovery Mechanisms (Civil Cases)
Tool	Purpose
Interrogatories	Written questions that must be answered under oath to gather basic facts about the accident, parties, and witnesses.
Requests for Production	Formal requests for tangible evidence such as police reports, photographs, surveillance footage, and medical records.
Depositions	Sworn, out-of-court testimony from parties and witnesses, recorded by a court reporter, used to lock in statements and assess credibility.
Requests for Admissions	Statements that the opposing party must either admit or deny, helping to narrow the issues for trial.

Tip: Discovery and Expungement

A successful discovery strategy can lead to a dismissal or an acquittal in the criminal case. These outcomes are the primary basis for granting an expungement (record sealing) in Alabama for offenses that might otherwise be ineligible, like a serious traffic violation.

Alabama Record Sealing: Expungement of Hit and Run Records

In Alabama, “record sealing” is accomplished through the legal process of expungement, governed by the Code of Alabama 1975, Section 15-27. The 2021 REDEEMER Act expanded eligibility, but critical exclusions remain.

Eligibility: Non-Convictions vs. Convictions

The ability to expunge a record related to a Hit and Run charge hinges entirely on how the case was ultimately resolved. The law makes a crucial distinction between being charged and being convicted.

Case 1: Non-Conviction (Eligible)

A person is generally eligible to petition for expungement if the Hit and Run charge resulted in a non-conviction, and a minimum waiting period has passed. This typically applies when:

The charge was dismissed with prejudice, and more than 90 days have passed.
The charge was no-billed by a grand jury, and more than 90 days have passed.
The person was found not guilty (acquitted), and more than 90 days have passed.
The charge was nolle prossed (dropped) without conditions, and more than 90 days have passed.

For a charge dismissed without prejudice, a longer waiting period may apply (two to five years), and the charge must not have been refiled.

Case 2: Conviction (Generally Ineligible)

Caution: Serious Traffic Offenses

A conviction for a Hit and Run offense is often categorized as a Serious Traffic Offense in Alabama, which is one of the explicit categories excluded from expungement eligibility for misdemeanor and felony convictions.

If you were convicted of a Hit and Run misdemeanor or felony, you will generally not be able to expunge the record based on the standard rules, regardless of the waiting period. A felony conviction may only be expunged after a person obtains a full pardon with restoration of civil and political rights from the Alabama Board of Pardons and Paroles, and 180 days have passed since the pardon.

The Expungement Petition Process

If you meet the eligibility requirements (typically a non-conviction outcome), the record sealing process involves several formal steps:

Gather Certified Records: You must obtain a certified copy of your criminal history record from the Alabama Law Enforcement Agency (ALEA), along with a certified record of the arrest or disposition from the appropriate court or agency.
File the Petition: File the CR-65 “Petition for Expungement of Records” form in the Circuit Court of the county where the charges were originally filed.
Pay the Fee: A non-refundable administrative filing fee of $500.00 is required for each arrest incident, although a payment plan may be set for indigent petitioners.
Serve Notice: You must officially serve a copy of the petition and sworn affidavit to the District Attorney’s office, the arresting law enforcement agency, and the clerk of the court.
Hearing and Decision: The District Attorney’s office and any victims have 45 days to object. If an objection is filed, a hearing will be set. If no objection is filed, the judge may rule on the petition without a hearing.

Case Insight: Expungement’s Impact

Once an expungement order is granted, the law states that the proceedings related to the charge shall be “deemed never to have occurred”. The person is no longer required to disclose the expunged charge on most job or credit applications, and the court must reply to inquiries that “no record exists on the matter”. The records themselves are archived in a protected file at the Alabama Criminal Justice Information Center, but they are sealed from public view.

Summary of the Alabama Expungement Process

Key Takeaways on Sealing Hit and Run Records

The process for sealing a criminal record in Alabama is called expungement, governed by Title 15, Chapter 27 of the Code of Alabama.
The ability to expunge a Hit and Run record primarily depends on the case disposition: dismissals, acquittals, or no-bills are generally eligible after a waiting period (e.g., 90 days).
Convictions for Hit and Run are often ineligible for expungement because they fall under the legal classification of a “Serious Traffic Offense”.
The pre-trial discovery phase (Interrogatories, Depositions) is critical, as a favorable outcome in this stage can lead to a non-conviction, which makes later expungement possible.
The expungement process requires filing a formal Petition for Expungement (CR-65) in Circuit Court, payment of a $500 fee, and service to the District Attorney and arresting agencies.

Card Summary: Discovery vs. Expungement

If you or a loved one are facing a Hit and Run charge in Alabama, it is crucial to focus on the immediate legal defense, as a non-conviction is the clearest path to clearing your record. The Discovery phase is your opportunity to establish the facts that can lead to a favorable disposition, while Expungement is the final, post-case step to legally seal the record from public view.

Because of the complexities surrounding “Serious Traffic Offense” exclusions, securing assistance from a qualified Legal Expert is highly recommended to navigate both the discovery process and the strict statutory requirements of Alabama’s expungement law.

Frequently Asked Questions (FAQ)

Q: Can I expunge a conviction for an Alabama Hit and Run?

A: Generally, no. A conviction for a Serious Traffic Offense, which often includes Hit and Run, is excluded from standard misdemeanor and felony expungement under Alabama Code § 15-27. A felony conviction can only be expunged after obtaining a full pardon with restoration of civil and political rights.

Q: What is the waiting period for expungement after a Hit and Run charge is dismissed?

A: If the charge was dismissed with prejudice, no-billed, or you were found not guilty, the waiting period is typically 90 days from the date of the action. Longer periods (two to five years) apply for certain dismissals without prejudice.

Q: What is the administrative fee to file for expungement in Alabama?

A: The non-refundable administrative filing fee is $500.00 per arrest incident. Additional court costs and fees may also apply.

Q: Does expungement erase the record completely?

A: For most public purposes, yes; the proceedings are deemed “never to have occurred,” and you do not need to disclose the charge to most employers. However, the records are archived by law enforcement and may still be accessed by criminal justice agencies, district attorneys, or prosecuting authorities for criminal investigation purposes.

Disclaimer

This blog post is generated by an AI assistant based on publicly available statutes and case information and is for informational purposes only. It does not constitute legal advice. Alabama law on expungement is complex and subject to change. Given the exclusion of Serious Traffic Offenses like Hit and Run from standard expungement, you must consult with an experienced Legal Expert to review the facts of your specific case and determine your eligibility under the most current state laws.

Protecting your rights and future starts with understanding the legal process.

Alabama Hit and Run, Record Sealing, Expungement, Criminal Cases, DUI, Legal Procedures, Petitions, Motions, State Courts, Statutes & Codes, Case Law, Criminal Defense, Traffic Violation, Non-violent offense, Dismissed with prejudice, Nolle prosequi, Not guilty, Felony expungement, Misdemeanor expungement

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