Categories: Court Info

Alabama Hit and Run: Sentencing & Expungement Eligibility

Meta Description: Understand Alabama’s severe penalties for a hit-and-run (Class A Misdemeanor or Class C Felony) and navigate the complex legal path to expungement under Ala. Code § 15-27-1 to clear your record after a conviction or dismissal.

Failing to remain at the scene of a motor vehicle accident, commonly known as a hit and run, is a serious criminal offense in Alabama, carrying penalties that range from a misdemeanor to a significant felony charge. The gravity of the consequences—including fines, license suspension, and potential imprisonment—makes securing an expungement a critical step for individuals seeking a truly fresh start.

The path to clearing your record in the Yellowhammer State is governed by Alabama’s expungement laws, primarily found in Ala. Code § 15-27-1. This detailed guide breaks down the sentencing structure for hit-and-run offenses and outlines the specific eligibility requirements for having those records expunged.

Understanding Alabama Hit and Run Sentencing

Alabama law, specifically Ala. Code § 32-10-1, mandates that any driver involved in a crash resulting in injury, death, or property damage must immediately stop, exchange information, and, if necessary, render aid and contact law enforcement. Failure to fulfill these duties escalates the incident from a civil matter to a criminal one, with the charge classification depending entirely on the resulting harm.

The Two Classifications of Hit and Run

Alabama Hit and Run Penalties (Ala. Code § 32-10-1)
Incident Outcome	Charge Classification	Potential Sentence
Property Damage Only (Attended or Unattended Vehicle/Property)	Class A Misdemeanor	Up to 1 year in jail and/or a fine up to $6,000.
Injury or Death to any person	Class C Felony	1 year and 1 day to 10 years in prison and/or a fine up to $15,000.

⚠ Caution: Penalties can be increased if the driver was intoxicated, uninsured, driving with a suspended license, or had outstanding warrants at the time of the crash.

The Expungement Process in Alabama (Ala. Code § 15-27-1)

Expungement is the legal process of removing a record of an arrest or conviction from public access, making it so the proceedings are “deemed never to have occurred”. Eligibility in Alabama depends heavily on the final disposition of the case—whether the charge was dismissed or led to a conviction.

Expungement of Dismissed Hit and Run Charges

The easiest path to expungement is for charges that did not result in a conviction. A person charged with a misdemeanor or felony hit-and-run may petition for expungement if the charge was:

Dismissed with prejudice (after 90 days).
No-billed by a grand jury (after 90 days).
Resulted in a finding of not guilty (acquittal) (after 90 days).
Dismissed after successful completion of a court-approved diversion program (one year after completion).

Expungement of Hit and Run Convictions

Under the “Redeemer Act” updates to Alabama’s expungement law, certain misdemeanor and non-violent felony convictions can be expunged. This is where the classification of a hit-and-run becomes critical.

Misdemeanor Hit and Run (Property Damage Only)

A conviction for a Class A Misdemeanor hit-and-run (property damage only) may be eligible for expungement, provided it is not classified as a “serious traffic offense” under Alabama law. To be eligible, the petitioner must meet all of the following requirements:

Conviction Expungement Checklist

All probation or parole requirements have been completed.
All fines, court costs, restitution, and other court-ordered amounts have been paid in full.
Three (3) years have passed from the date of the conviction.
The offense is NOT one of the statutorily enumerated offenses (e.g., violent offense, sex offense).
The conviction is NOT a serious traffic offense as defined in Article 9 of Chapter 5A of Title 32.

Felony Hit and Run (Injury or Death)

A conviction for a Class C Felony hit-and-run is extremely difficult, and often impossible, to expunge. Alabama law generally excludes violent offenses and serious felonies from expungement eligibility. A Class C felony conviction for leaving the scene of an accident involving injury or death will likely be ineligible for post-conviction expungement.

Case Note: The “Serious Traffic Offense” Hurdle

Whether a misdemeanor hit-and-run (property damage) is considered a “serious traffic offense” can be a key point of legal analysis. Due to this specific legal nuance, it is imperative to consult with an Alabama Legal Expert to review the exact statute and your unique case file (the Case Action Summary and Disposition) to determine definitive eligibility for conviction expungement.

Filing the Petition: Key Steps

The expungement process requires a formal petition filed in the Circuit Court in the county where the original charges were filed.

Required Documentation and Steps:

Certified Records: You must obtain a sworn statement of eligibility, a certified copy of the Case Action Summary or Disposition from the court, and a certified copy of your criminal record from the Alabama Law Enforcement Agency (ALEA).
Filing Fee: A statutory administrative fee of $300 (for dismissals) or $500 (for convictions) must be paid at the time of filing, in addition to any other court costs.
Service: A copy of the petition must be served on the District Attorney’s office, the arresting law enforcement agency, and the Clerk of Court.
Waiting Period: The District Attorney has 45 days to file an objection. The judge may rule on the petition with or without a hearing.

Summary of Expungement Eligibility

Key Takeaways for Your Alabama Record

Misdemeanor hit-and-run charges that were dismissed, no-billed, or resulted in an acquittal are generally eligible for expungement after a 90-day waiting period.
A conviction for Class A Misdemeanor hit-and-run (property damage only) requires a 3-year waiting period and the payment of all court financial obligations.
The misdemeanor conviction must not be classified as a “serious traffic offense” for expungement to be granted.
Felony hit-and-run convictions (injury or death) are typically ineligible for expungement under current Alabama law.

Record Clearance Card

The severity of an Alabama hit-and-run conviction—ranging from a misdemeanor to a Class C felony—dictates the complexity of the expungement process. For any conviction, successfully petitioning the court requires meeting a strict set of conditions, including a 3-year clear record period and satisfying all financial requirements. A trained Legal Expert can help you determine if your specific charge is one of the offenses statutorily excluded from expungement.

FAQ on Alabama Expungement

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

A: A conviction for a Class C Felony hit-and-run (involving injury or death) is generally ineligible for expungement as it is a serious offense. However, if the felony charge was dismissed, no-billed by a grand jury, or resulted in an acquittal, it would be eligible for expungement after a 90-day waiting period.

Q: How long do I have to wait after a misdemeanor conviction to file for expungement?

A: You must wait three (3) years from the date of conviction, provided you have successfully completed all probation/parole requirements and paid all court-ordered amounts, including fines, costs, and restitution.

Q: What is a “minor traffic violation” exclusion?

A: Alabama law often excludes “minor traffic violations” from counting against the clean record requirement needed for expungement of other charges. However, a misdemeanor hit-and-run is significantly more serious than a minor traffic offense and must be expunged separately, if eligible, and is subject to the “serious traffic offense” exclusion.

Q: Is there an application fee for expungement in Alabama?

A: Yes. There is a required administrative filing fee that must be paid to the court when the petition is filed. For conviction cases, this fee is $500, plus any additional court costs and docket fees.

Legal Disclaimer and AI Generation

Disclaimer: This blog post provides general information and should not be construed as legal advice. Alabama’s expungement law is complex and involves specific statutory exclusions, particularly concerning “serious traffic offenses.” Only a qualified Alabama Legal Expert can review your full criminal record, case file, and the specific facts of your conviction to advise on your definitive eligibility. This content was generated by an AI model trained for legal topics and should be verified by a human Legal Expert.

Clearing your record is a major life step. Take the first step today.

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