Navigating the legal landscape after a traffic charge can be complex, particularly when seeking to clear your record. In Alabama, a reckless driving conviction is considered a misdemeanor criminal offense, which can carry long-term consequences far beyond the initial jail time, fines, or license suspension. These consequences often involve higher insurance premiums, employment barriers, and difficulties with licensing. While the process of expungement—often referred to as record sealing—offers a fresh start, not all criminal records are eligible under state statute. The key to understanding your options lies in the classification of your reckless driving charge, particularly whether it resulted in a conviction or a dismissal.

Reckless Driving in Alabama: The Misdemeanor Status

Alabama Code § 32-5A-190 defines reckless driving as operating a vehicle “carelessly and heedlessly in willful or wanton disregard for the rights or safety of persons or property”. This is not a minor traffic ticket; it is a serious criminal offense. The potential penalties are severe:

• First Conviction: Imprisonment for 5 to 90 days, a fine of $25 to $500, or both.
• Second or Subsequent Conviction: Imprisonment for 10 days to six months, a fine of $50 to $500, or both.
• License Suspension: The court may also suspend the driver’s license for up to six months.

Eligibility for Record Sealing (Expungement) in Alabama

Alabama’s expungement law, primarily found in the Code of Alabama § 15-27-1, governs whether a criminal record can be sealed. The determination hinges almost entirely on the final outcome of the charge: whether it resulted in a conviction or a dismissal.

Expungement for a Reckless Driving Conviction

Expungement for a Reckless Driving Dismissal or Non-Conviction

If the reckless driving charge did not result in a conviction, the records are generally eligible for expungement after a mandatory waiting period. The specific waiting period depends on the manner of dismissal:

Case Outcome	Waiting Period Before Petitioning
Dismissed with prejudice, Not Guilty, No-billed by Grand Jury, or Nolle Prossed without conditions	90 days
Dismissed after successful completion of a court-approved Diversion Program (e.g., Veteran’s Court, Drug Court)	1 year from successful completion date
Dismissed without prejudice	1 year, provided no new misdemeanor or felony convictions occurred in the previous two years

Step-by-Step Guide to Filing an Expungement Petition

If your reckless driving charge was dismissed and you meet the necessary waiting period, the expungement process involves formal steps that must be strictly followed:

1. Obtain Your Records: First, you must obtain a certified copy of your criminal history record from the Alabama Law Enforcement Agency (ALEA).
2. File the Petition: The Petition for Expungement of Records must be filed in the criminal division of the circuit court in the county where the original charges were filed. This is done using the official form provided by the Alabama Office of Administrative Courts.
3. Pay the Filing Fee: An administrative filing fee, which is a non-refundable $500 per arrest incident, must be paid at the time of filing.
4. Serve Notice: You must serve a copy of the petition on all required parties, including the District Attorney’s office.
5. Attend a Hearing: A judge will review the petition. If the prosecutor objects, a hearing will be set. The decision to grant expungement rests entirely within the Circuit Court Judge’s discretion.
6. Receive the Order: If the petition is granted, the court issues an order requiring agencies to seal or remove the record from public view. The process can take several months, depending on the court’s backlog and complexity.

Key Takeaways for Clearing a Reckless Driving Record

1. Reckless driving is a misdemeanor and a “Serious Traffic Offense” in Alabama.
2. A conviction for reckless driving is generally not eligible for expungement under current Alabama law.
3. A reckless driving charge that was dismissed (Found Not Guilty, Nolle Prossed, etc.) is typically eligible for expungement after a waiting period (90 days to 1 year).
4. The expungement process requires filing a petition in the Circuit Court and paying a $500 fee per arrest.
5. Consulting a Legal Expert is strongly recommended to ensure eligibility is met and to navigate the complex filing requirements.

Frequently Asked Questions (FAQ)

1. Can a reckless driving conviction be sealed in Alabama?

No. A conviction for reckless driving is classified as a “Serious Traffic Offense” under Alabama law, which is specifically excluded from expungement eligibility for convictions under § 15-27-1.

2. How long do I have to wait to file for expungement if my case was dismissed?

The waiting period varies by the type of dismissal. For a dismissal with prejudice or a finding of not guilty, the wait is 90 days. For charges dismissed after a diversion program, the wait is one year from successful completion.

3. What is the difference between record sealing and expungement?

In Alabama, “record sealing” is typically achieved through the legal process called expungement. Once an expungement is granted, the record is removed from most public access, making it effectively sealed for employment and housing purposes.

4. What is the fee to file an expungement petition in Alabama?

The required administrative filing fee is a non-refundable $500 for each arrest incident for which you are seeking expungement.

Important Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Record expungement law is highly specific and subject to change (e.g., Alabama’s REDEEMER Act of 2021). Eligibility for expungement is determined by a judge on a case-by-case basis. You should consult with an experienced Legal Expert regarding your specific criminal record and circumstances. This content was generated by an AI assistant to fulfill an informational request.

If you are exploring options for record sealing in Alabama, it is crucial to understand the state’s strict eligibility rules regarding reckless driving. Partnering with a skilled Legal Expert can help you navigate the complexities of Alabama Code § 15-27-1 and determine the best path forward for a cleaner record.

Alabama Reckless Driving, Expungement, Record Sealing, Traffic Violation, Misdemeanor, Criminal Procedure, Sentencing, Court Rules, State Courts, DUI, Traffic Offense, Criminal Records, Petition, Circuit Court, Conviction, Dismissed Charge, Legal Expert, AL Code § 15-27-1, Serious Traffic Offense, Motor Vehicle.