What is the difference between expungement and sealing a record in Alabama?

In Alabama, 'expungement' is the term used in state law and is a more permanent process that removes the record from public access. The record is essentially 'erased,' though a confidential copy remains with the Alabama Criminal Justice Information Center (ACJIC) for law enforcement and certain government agencies.

Can I expunge a hit and run conviction?

Yes, if the conviction was for a misdemeanor or traffic violation hit and run, you may petition for expungement after three years from the conviction date, provided you have completed all sentence requirements and have no pending charges. Felony convictions are more difficult and usually require a pardon first.

Is the $500 expungement filing fee refundable?

No. The $500 administrative filing fee is mandatory, non-refundable, and must be paid at the time of filing the petition. It is a condition precedent to any expungement ruling.

What happens if the prosecutor objects to my expungement?

If the prosecuting authority objects, the court must set a hearing. The judge will then consider multiple factors—including the nature of the offense, the age of the person, and evidence of rehabilitation—before deciding the petition. The court retains sole discretion to deny the request.

Categories: Court Info

Alabama Hit and Run: Suppress Evidence & Seal Your Record

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Navigating an Alabama hit and run charge involves strategic defense, including a motion to suppress evidence. Discover how achieving a dismissal can pave the way for criminal record expungement and sealing under Alabama Code § 15-27-1, and what waiting periods apply. Learn the legal roadmap to clear your criminal history.

Facing a criminal charge in Alabama, particularly one as serious as a hit and run, can feel overwhelming. The long-term consequences of a conviction—from employment hurdles to housing difficulties—are often what worry individuals the most. However, the legal system provides powerful mechanisms, such as the motion to suppress evidence, that can fundamentally change the trajectory of a case, potentially leading to a dismissal. A case dismissal, in turn, is the critical first step toward record expungement, allowing you to seal your criminal history in Alabama and move forward with a clean slate.

The Gravity of Alabama Hit and Run Charges

Under Alabama law, a driver involved in an accident resulting in injury, death, or property damage has a clear legal duty to stop immediately, render reasonable assistance, and exchange information. Failure to do so constitutes a hit and run offense, which carries severe penalties depending on the outcome of the incident:

Property Damage Only: Typically classified as a Class A misdemeanor, punishable by up to one year in prison and a fine of up to $6,000.
Injury or Death: Elevated to a Class C felony, which can result in imprisonment for one year and one day up to 10 years, and a fine of up to $15,000.

Because of the significant criminal and civil liabilities involved, a strong defense strategy is paramount. This defense often begins with a rigorous examination of how law enforcement obtained the evidence.

💡 Legal Expert Tip: Understanding Your Duty

Always remember your duty is to stop, provide identifying information, and assist injured parties. Even if you were not at fault, fleeing the scene can convert a simple accident into a serious criminal matter. In rare cases, a defense may argue the driver was unaware of the accident, especially if damage was minimal, but this must be supported by compelling evidence.

The Power of the Motion to Suppress Evidence

In Alabama criminal procedure, a motion to suppress (or motion to exclude evidence) is a pretrial tool that can be a ‘game changer’ for the defense. Its purpose is to request that the court exclude certain evidence from being presented at trial on the grounds that it was obtained illegally or in violation of the defendant’s constitutional rights.

Common Grounds to File a Motion in a Hit and Run Case

The success of this motion hinges on proving that law enforcement violated a defendant’s rights, typically under the Fourth or Fifth Amendments. Relevant grounds may include:

Constitutional Violation	Application in Hit and Run
Fourth Amendment (Unlawful Search/Seizure)	Evidence found during an illegal traffic stop, an unlawful search of the vehicle for alcohol/drugs, or an improper seizure of a phone or other property without a warrant or probable cause.
Fifth Amendment (Miranda Violation)	A confession or admission made to police while the suspect was in custody, but before they were read their Miranda rights, preventing the prosecution from using the statement at trial.

⚠️ Caution Box: The Exclusionary Rule

If a motion to suppress is granted, the “exclusionary rule” prevents the prosecution from using that evidence at trial. If the suppressed evidence is crucial to the prosecution’s case (e.g., a key witness’s statement, a field sobriety test result, or identification information), the prosecutor may be forced to reduce or dismiss the charges, as the case’s strength is significantly diminished.

The Road to Record Sealing: Expungement in Alabama

In Alabama, the path to a clean record is called expungement, a process governed primarily by the Code of Alabama 1975, Section 15-27. When a record is expunged, it is essentially “erased” from public view, restricting access to most private employers and the general public. Certain government and licensing agencies, however, may still retain confidential access.

Eligibility: The Direct Link to Your Case Outcome

Crucially, expungement is generally only available for non-violent offenses that did not result in a conviction. This is where a successful motion to suppress becomes vital. If the motion leads to a case outcome like one of the following, expungement becomes a possibility:

⭐ Case Outcome Scenarios for Expungement (Ala. Code § 15-27-1)

A person charged with a misdemeanor, traffic violation (which most property damage hit and runs are), or municipal ordinance violation may file a petition to expunge records if one of the following applies:

Dismissed with Prejudice: The charge was dismissed with prejudice, and more than 90 days have passed.
Found Not Guilty: The person was found not guilty (acquitted) of the charge, and more than 90 days have passed.
Nolle Prossed: The charge was “nolle prossed” (prosecution dropped) without conditions, and more than 90 days have passed, and the charge has not been refiled.
Successful Program Completion: The charge was dismissed after successful completion of a court-approved diversion, drug court, or mental health court program (waiting period is one year from completion).

For a misdemeanor conviction, the waiting period is three years from the date of conviction, after all probation/parole and court-ordered financial requirements have been completed.

The Expungement Process and Fees

The process requires filing a Petition for Expungement in the Circuit Court where the charges were filed. Key requirements include:

Obtaining a certified copy of your official criminal record from the Alabama Law Enforcement Agency (ALEA).
Obtaining a certified record of the disposition or case action summary from the appropriate court.
Paying a mandatory, non-waivable administrative filing fee of $500.00 per petition at the time of filing. (Note: The court may set a payment plan for indigent petitioners, but the fee must be paid in full before expungement is granted.)

The prosecuting authority or victim has the right to file an objection, which triggers a hearing where the judge considers various factors (such as the nature of the offense, evidence of rehabilitation, etc.). Crucially, expungement is not a right; the decision is always at the sole discretion of the Circuit Court judge.

Summary: Your Path from Charge to Record Expungement

The journey from an Alabama hit and run charge to a sealed record involves a calculated, multi-stage legal approach. By focusing on pretrial motions and statutory compliance, you can dramatically improve your outcome.

Strategic Defense (Motion to Suppress): File a strategic motion to suppress any illegally obtained evidence (e.g., from an unlawful stop or a Miranda violation). Success weakens the prosecution’s case, often leading to a dismissal or nolle prosequi.
Achieve Qualifying Outcome: A dismissal ‘with prejudice’ or a ‘not guilty’ verdict is the fastest, clearest path to expungement eligibility. This satisfies the primary condition under Alabama Code § 15-27-1.
Petition for Expungement: After the mandatory waiting period (as short as 90 days after dismissal with prejudice for misdemeanors/traffic violations) and payment of the $500 fee, file the petition with the Circuit Court to officially erase the charge from your public record.

Card Summary: Motion $rightarrow$ Dismissal $rightarrow$ Expungement

For an Alabama hit and run case (often a misdemeanor traffic violation), the key to record sealing is a successful defense strategy. A skilled Legal Expert focuses on constitutional rights to suppress evidence. If this results in a Dismissal with Prejudice or a Not Guilty verdict, the record becomes eligible for expungement after a brief 90-day waiting period, allowing the individual to officially seal their criminal history from public view under state law.

Frequently Asked Questions (FAQ)

Q: What is the difference between expungement and sealing a record in Alabama?: A: In Alabama, “expungement” is the term used in state law and is a more permanent process that removes the record from public access. The record is essentially “erased,” though a confidential copy remains with the Alabama Criminal Justice Information Center (ACJIC) for law enforcement and certain government agencies.
Q: Can I expunge a hit and run conviction?: A: Yes, if the conviction was for a misdemeanor or traffic violation hit and run, you may petition for expungement after three years from the conviction date, provided you have completed all sentence requirements and have no pending charges. Felony convictions are more difficult and usually require a pardon first.
Q: Is the $500 expungement filing fee refundable?: A: No. The $500 administrative filing fee is mandatory, non-refundable, and must be paid at the time of filing the petition. It is a condition precedent to any expungement ruling.
Q: What happens if the prosecutor objects to my expungement?: A: If the prosecuting authority objects, the court must set a hearing. The judge will then consider multiple factors—including the nature of the offense, the age of the person, and evidence of rehabilitation—before deciding the petition. The court retains sole discretion to deny the request.

Disclaimer

*Important Legal Disclaimer* This blog post, generated by an Artificial Intelligence, is for informational and educational purposes only. It is not, and is not intended to be, legal advice. The laws regarding motions to suppress evidence, hit and run penalties, and record expungement in Alabama are complex and subject to change. You should consult with an Alabama-licensed Legal Expert for advice regarding your individual situation. Do not act or refrain from acting on the basis of the content herein without first seeking the appropriate professional advice. We cite sources (e.g., Code of Alabama 1975) but assume no liability for the accuracy or current status of the law.

Alabama hit and run, motion to suppress, record sealing, criminal expungement, Alabama expungement law, traffic violation expungement, misdemeanor expungement, felony expungement, hit and run penalties, criminal procedure Alabama, exclusionary rule, suppress evidence, petition to expunge, expungement waiting period, Alabama criminal defense, nolle prosequi, dismissal with prejudice, Rule 41(h), Alabama Code § 15-27-1