Post Overview:
Discover the essential legal steps in Alabama for clearing a criminal record of a reckless driving charge that resulted in a grand jury ‘no-bill.’ We break down eligibility under the Code of Alabama § 15-27-1 and the 90-day waiting period to restore your clean slate.
A charge of reckless driving in Alabama can carry serious consequences, including potential jail time and significant fines, classifying it as a misdemeanor offense and a serious traffic violation. Even if the charge ultimately does not lead to a conviction, the arrest record itself remains a permanent public marker that can affect employment, housing, and educational opportunities. Fortunately, Alabama law provides a clear pathway—expungement—for individuals whose charges were terminated without a guilty finding, particularly through a grand jury process.
Understanding Expungement Eligibility for Non-Convictions
The ability to seal or expunge a criminal record in Alabama is governed by the Code of Alabama 1975, Section 15-27, which was significantly expanded by the 2021 REDEEMER Act. The law primarily focuses on two categories: non-convictions and certain misdemeanor convictions. Reckless driving, being classified as a misdemeanor/traffic violation, is eligible for expungement under the non-conviction pathway when a crucial event occurs: a grand jury declines to issue an indictment.
The Grand Jury ‘No-Bill’ Gateway
In Alabama, if a criminal charge is presented to a grand jury and the jury determines there is insufficient evidence to warrant a trial, they will return a finding known as a “no-bill”. This outcome is legally considered a dismissal of the charge and is one of the clearest paths to expungement for traffic violations like reckless driving.
Expungement Condition: The 90-Day Rule
Under Ala. Code § 15-27-1(a)(2), a person charged with a misdemeanor offense (such as reckless driving) may file a petition to expunge records when the charge has been no billed by a grand jury and more than 90 days have passed. This is the shortest required waiting period under Alabama’s expungement statute.
Expungement Process: A Step-by-Step Checklist
Filing a Petition for Expungement is a formal legal procedure that must be initiated in the criminal division of the circuit court in the county where the original charges were filed. Following this process meticulously is essential for a successful outcome.
Key Steps and Documentation
- Verify Eligibility and Waiting Period: Confirm that 90 days have passed since the reckless driving charge was “no-billed” by the grand jury.
- Obtain Your Official Criminal Record: You must secure a certified copy of your criminal history record from the Alabama Law Enforcement Agency (ALEA), which requires a fingerprint check.
- Gather Disposition Records: Obtain a certified copy of the case action summary, arrest record, or disposition from the court or arresting agency, which proves the “no-bill” disposition.
- File the Petition: Complete and file the official Petition for Expungement of Records (Form CR-65) with the Circuit Clerk, along with the required documentation. Note that only one offense per petition may be filed.
- Pay the Fee: A non-refundable administrative filing fee of $500.00 per arrest incident must be paid upon filing, though indigency may allow for a payment plan.
- Service and Waiting Period: The District Attorney’s Office must be served with a copy of the petition and is allowed 45 days to file an objection.
Comparison of Waiting Periods
| Case Resolution | Waiting Period (Misdemeanor/Traffic) |
|---|---|
| No-Bill by Grand Jury | 90 days |
| Dismissed With Prejudice | 90 days |
| Found Not Guilty (Acquittal) | 90 days |
| Dismissed Without Prejudice | 2 years (with no new convictions) |
Cautionary Note: The Judicial Discretion
Even if you meet all statutory requirements, the court has discretion. The District Attorney’s office or any alleged victims may object to the petition, which will likely result in a court hearing. The judge’s decision to grant or deny the expungement is based on the specific circumstances of the case and the petitioner’s history.
Life After Expungement: Restoring Your Reputation
A successful expungement order marks the official clearance of your record from public view. For most purposes, the law dictates that the incident is treated as if it never occurred. This is the “clean slate” that expungement provides.
Key Benefits of Expungement:
- Employment: You are generally not required to disclose the expunged charge to employers on job applications.
- Credit & Housing: The record is removed from background checks used for credit and housing applications.
- Court Response: Upon inquiry about the charge, courts and other agencies must legally respond that no record exists.
It is important to understand the exceptions. You remain under a duty to disclose the fact of the expunged record to government regulatory or licensing agencies, certain financial institutions, and when applying for law enforcement or corrections positions. The expunged records are moved to a protected file and can still be accessed by law enforcement for criminal investigative purposes.
Summary of Expungement Action
- The reckless driving charge must have resulted in a “no-bill” by a grand jury to qualify for non-conviction expungement.
- The statutory waiting period is 90 days from the date of the no-bill.
- The petition must be filed in the Circuit Court, accompanied by a $500 fee and certified criminal records from ALEA/ACJIC and the court.
- Expungement removes the record from public view, legally treating the incident as if it never occurred for most civilian purposes.
Next Steps for Your Clean Record
Do not navigate the complexities of Alabama’s expungement statutes alone. The process involves precise documentation, strict deadlines, and potential hearings. Consulting with a qualified Legal Expert is highly recommended to ensure your petition is handled correctly and to maximize your chances of success in clearing your record of a no-billed reckless driving charge.
Frequently Asked Questions (FAQ)
Is a reckless driving charge in Alabama always a misdemeanor?
Yes. Under Ala. Code § 32-5A-190, reckless driving is classified as a misdemeanor criminal offense and a serious traffic violation.
How long does the expungement process typically take?
The entire process typically takes about 2–4 months from the time the petition is filed to the court’s final decision, though this can vary based on the court’s caseload and if a hearing is required.
Do I have to attend a court hearing?
Not necessarily. If the District Attorney or alleged victims do not object to your petition, the judge may rule on the request without a formal hearing. If there is an objection, a hearing will be set.
Can a no-billed felony charge also be expunged after 90 days?
Yes. The 90-day waiting period also applies to a felony charge that was “no billed by a grand jury,” provided the charge meets the criteria for expungement (i.e., not a violent offense).
What is the difference between “dismissed with prejudice” and “no-billed”?
Both are non-convictions that qualify for the 90-day expungement period. A “no-bill” means the grand jury found insufficient evidence for an indictment. “Dismissed with prejudice” means the court dismissed the case, and the charges cannot be refiled.
* AI-GENERATED LEGAL DISCLAIMER *
This post is for informational purposes only and is based on Alabama statutes (e.g., Code of Alabama § 15-27-1) current as of the latest public information, but legal requirements are subject to change. This content is not legal advice and does not create an Legal Expert-client relationship. All individuals should consult with a qualified Legal Expert licensed in Alabama to discuss their specific case details and eligibility for expungement.
Do not let a non-conviction define your future. Take the step to clear your record today.
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Please consult a qualified legal professional for any specific legal matters.