Categories: DUI

Alabama Reckless Driving Expungement: Eligibility Guide

Meta Description: Understand Alabama’s expungement laws, including the REDEEMER Act, to determine if your reckless driving charge, indictment, or traffic violation is eligible to be cleared from your public record.

Navigating Alabama’s Expungement Law for Reckless Driving Indictments

A criminal record, even one without a conviction, can cast a long shadow on an individual’s life, affecting opportunities in employment, housing, and education. For Alabama residents or former residents dealing with a past reckless driving indictment or charge, understanding the state’s expungement law is the crucial first step toward a clean slate.

Alabama’s expungement process, significantly expanded by the 2021 Record Expungement Designed to Enhance Employment and Eliminate Recidivism (REDEEMER) Act, allows people to petition a court to have records related to a criminal offense effectively “erased” from public view. However, eligibility hinges entirely on the final disposition of the case and the nature of the offense, particularly the distinction between a charge and a conviction.

The Critical Distinction: Charge vs. Conviction

The key to reckless driving expungement in Alabama lies in whether the case resulted in a conviction or a non-conviction. Alabama law draws a sharp line between these outcomes, especially for traffic offenses.

1. Expunging Non-Conviction Records (Dismissed Charges)

If your reckless driving case resulted in a non-conviction—meaning you were arrested, charged, or even indicted, but ultimately not found guilty—you are likely eligible to file for expungement under Alabama Code § 15-27-1(a).

The term indictment expungement specifically applies to situations where a Grand Jury declined to issue a true bill (a “no-bill”), or where the indictment was later quashed by the court. These and other non-conviction outcomes are generally eligible after a statutorily defined waiting period:

Waiting Periods for Non-Conviction Expungement (Traffic/Misdemeanor)
Case Resolution	Required Waiting Period
Dismissal with Prejudice, Acquittal (Not Guilty), or No-Bill by Grand Jury	90 days
Charge Dismissed After Completion of a Diversion Program (e.g., Deferred Prosecution, Drug Court)	One year from successful completion
Dismissal Without Prejudice (Misdemeanor/Traffic Violation)	Two years

Case Box: The Quashed Indictment

An individual was indicted in Circuit Court for Reckless Driving, but their Legal Expert successfully filed a motion, and the indictment was quashed by the judge. Provided the statute of limitations for refiling has expired (or the prosecution confirms the case will not be refiled), the records of this indictment are eligible for expungement after the 90-day waiting period, allowing the person to move on without the charge on their public record.

2. Expunging Reckless Driving Convictions: The “Serious Traffic Offense” Hurdle

If the reckless driving charge resulted in a conviction, the path to expungement becomes much more restrictive. Under Alabama law, certain offenses are deemed ineligible, even if they are misdemeanors and three years have passed since the conviction.

CAUTION: The Serious Traffic Offense Exclusion

Alabama Code § 15-27-1(b) and Alabama Code § 32-5A-195(a) (Article 9 of Chapter 5A of Title 32) define a list of Serious Traffic Offenses, which includes Reckless Driving, DUI, and vehicular homicide. A conviction for a Serious Traffic Offense is generally NOT eligible for expungement under the current law, even after the required waiting period. This is a critical distinction that often prevents the expungement of a reckless driving conviction.

The Three Steps of the Alabama Expungement Process

For any eligible non-conviction case, the process to expunge your record is mandatory and requires formal action in court.

Gather Records and Determine Eligibility: Before filing, you must obtain a certified copy of your criminal history from the Alabama Law Enforcement Agency (ALEA) and all related court documents, like the case action summary and disposition. A Legal Expert will use these to confirm you meet all requirements, including completion of any diversion programs and payment of all court-ordered amounts.
File the Petition and Pay the Fee: The Petition for Expungement of Records must be filed in the Criminal Division of the Circuit Court in the county where the charges were originally filed. The administrative filing fee is a mandatory, non-refundable $500 for each arrest incident. You must also serve notice to all required parties, including the District Attorney’s office.
The Court’s Decision: The District Attorney has 45 days to file a written objection. If no objection is filed, the judge reviews the petition based on the merits. If an objection is filed, the Circuit Court Judge will set a hearing. The final decision to grant the expungement remains within the sole discretion of the Circuit Court Judge.

Legal Expert Tip: The Impact of an Objection

An objection from the prosecutor or a victim does not automatically defeat your petition. It simply triggers a hearing where your Legal Expert can argue the merits of your case and why the expungement should be granted in the interest of justice. Preparing for this possibility is a key part of the expungement process.

Summary: Key Takeaways for Expungement Eligibility

Understanding your eligibility is paramount before beginning the time-intensive process:

Non-Convictions are Eligible: If your reckless driving indictment was quashed, you were found not guilty, or the charge was dismissed, the records are generally eligible for expungement after the required waiting period (e.g., 90 days or one year for diversion).
Convictions are Likely Ineligible: Due to Reckless Driving’s classification as a serious traffic offense under Title 32 of the Alabama Code, a conviction for the charge generally cannot be expunged.
Mandatory Requirements: You must file the petition in the correct Circuit Court, complete all court-ordered conditions (fines, costs, etc.), and pay the mandatory $500 filing fee.
Disclosure Limits: If granted, you no longer have a general duty to disclose the expunged charge to most employers or on job applications. However, the duty to disclose remains for law enforcement, government regulatory, and licensing agencies.

Card Summary: Your Path to a Clearer Record

Expungement in Alabama is a powerful legal tool, but it is not automatic. The process demands meticulous adherence to the timelines and statutes of the REDEEMER Act, particularly concerning the non-conviction status of your reckless driving charge. Consult a qualified Legal Expert to review your specific court disposition and navigate the filing requirements of the Circuit Court successfully.

Frequently Asked Questions (FAQ)

Q: Can I expunge a conviction for reckless driving in Alabama?

A: Generally, no. Reckless driving is defined as a Serious Traffic Offense under Alabama law, and convictions for Serious Traffic Offenses are excluded from expungement eligibility under the current misdemeanor expungement statute.

Q: How long do I have to wait to file a petition?

A: The waiting period depends on the case outcome. If your reckless driving charge was no-billed or dismissed with prejudice, the wait is 90 days. If it was dismissed without prejudice, the wait is two years.

Q: What is the cost to file for expungement?

A: The non-refundable administrative filing fee set by statute is $500.00 per arrest or incident that is being expunged.

Q: Does expungement completely erase the record?

A: It removes the record from public access and most background checks, making it so you generally do not have to disclose the charge to employers. However, the record may still be disclosed to certain entities, such as law enforcement or government licensing agencies, and it does not erase online news reports.

Disclaimer: This blog post is generated by an AI Legal Portal content tool and is for informational purposes only. It is not intended to be a substitute for professional legal advice, nor should it be relied upon as such. Laws, including the Alabama Code, change frequently. You must consult with a qualified Legal Expert to discuss the specifics of your case and obtain advice based on the latest statutes and case law.

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