Categories: Court Info

Alabama Reckless Driving: Expunging Your Record

What You Will Learn

For individuals facing a charge of reckless driving in Alabama, understanding the discovery process and the eligibility for record sealing (expungement) is crucial. This post clarifies the rules under the Code of Alabama 1975, Title 15, Chapter 27, especially concerning traffic violations.

Introduction: Reckless Driving and Your Record in Alabama

A charge of reckless driving in Alabama, defined under Alabama Code § 32-5A-190, involves driving with willful or wanton disregard for the safety of persons or property. While it is a serious traffic violation, the long-term impact on your criminal record often depends on the case’s final disposition—specifically, whether it results in a conviction or a non-conviction. The legal process of clearing an arrest or charge record is known as expungement, or record sealing.

The Critical Role of Discovery in Your Case

Before any decision on expungement can be made, the immediate focus must be on the defense of the pending charge. The discovery phase is a powerful tool allowing the defense to obtain all evidence held by the prosecution or law enforcement. Successfully obtaining discovery is often essential to achieving a favorable outcome, such as a dismissal or an acquittal, which are the main paths to expungement.

How to Request Discovery (Alabama Rule 16.4(c))

In a criminal or traffic case, discovery is typically governed by the Alabama Rules of Criminal Procedure, specifically Rule 16.

Written Request: A formal, written request must be filed with the court and served on the prosecuting attorney.
What to Request: The request should ask for specific items, which may include any written or recorded statements made by the defendant, co-defendants, or accomplices, as well as documents and tangible objects. In a reckless driving case, this often means seeking:
- Copies of the ticketing officer’s notes and reports.
- Dashcam or body camera video evidence, if any.
- Calibration records for any speed-measuring devices (e.g., radar or LIDAR) used.
Timeline: The prosecutor generally has fourteen (14) days after the request is filed to comply, unless the court orders a shorter or longer period.

Caution: If the request is ignored, a “Motion to Compel Discovery” must be filed with the court, asking the judge to order the government to produce the evidence.

Expungement Eligibility: Non-Convictions vs. Convictions

Expungement in Alabama is governed by Section 15-27-1 of the Code of Alabama. Eligibility is determined primarily by the final disposition of the case and the nature of the offense.

Pathway 1: Non-Convictions (The Safest Route)

If the reckless driving charge results in a non-conviction, the case is generally eligible for expungement, regardless of the initial seriousness of the charge. Non-conviction outcomes include:

Outcome	Waiting Period Before Filing Petition
Dismissed with prejudice, No-billed, Not Guilty verdict, or Nolle Prossed without conditions	More than 90 days have passed
Dismissed after successful completion of a court-approved diversion program (e.g., Drug Court)	One year from the date of successful completion
Dismissed without prejudice (misdemeanor/traffic violation)	One year, provided the charge has not been refiled and the person has not been convicted of any other felony/misdemeanor during the previous two years

Pathway 2: Convictions (The Restriction)

Reckless driving is categorized as a traffic violation that is often a misdemeanor offense. However, the law explicitly carves out exceptions for misdemeanor convictions, specifically excluding “serious traffic offenses” under Title 32, Chapter 5A, Article 9, which includes DUI and reckless driving, from eligibility for expungement.

Legal Expert Tip: Reckless Driving Convictions

If you were convicted of reckless driving, your case is likely not eligible for expungement under current Alabama law because it falls into the category of a serious traffic offense. For this reason, fighting the charge to secure a dismissal or non-guilty verdict is paramount to protecting your record.

The Expungement Petition Process

If you meet the eligibility criteria (i.e., you achieved a non-conviction), the process to formally seal your record follows these steps:

Check Eligibility & Wait: Verify your case outcome and ensure the statutory waiting period has passed.
Obtain Records: Get a certified copy of your criminal history record from the Alabama Law Enforcement Agency (ALEA).
File Petition: File a Petition for Expungement of Records in the criminal division of the circuit court in the county where the charges were originally filed.
Pay Fee: The administrative filing fee is currently $500 per arrest incident.
Serve Notice: You must notify all required parties, including the district attorney’s office.
Hearing and Decision: The court may hold a hearing, and the ultimate decision to grant the expungement is at the discretion of the Circuit Court Judge.

If the expungement is granted, the record of the criminal offense is sealed from public view, meaning it will not appear on most background checks. However, there is a continuing duty to disclose the expunged record to government regulatory agencies, utilities, banks, and law enforcement when applying for employment.

Summary of Key Expungement and Discovery Points

1. Expungement is Not Automatic: Sealing a record requires filing a petition under the Code of Alabama 1975, Section 15-27, and paying the $500 administrative fee.
2. Convictions are Generally Barred: A conviction for reckless driving is typically not eligible for expungement because it is classified as a serious traffic offense.
3. Non-Convictions are Key: If your reckless driving charge was dismissed, acquitted, or resulted in a non-guilty verdict, it is eligible for expungement after a mandatory waiting period (e.g., 90 days to one year, depending on the type of dismissal).
4. Discovery Aids Non-Conviction: Using discovery requests (Rule 16.4(c)) to obtain evidence like officer notes and video is vital to mounting a strong defense and achieving the non-conviction outcome necessary for expungement.

Card Summary: Reckless Driving Record Clearance

Clearing a reckless driving record in Alabama hinges entirely on the final court disposition. Focus on leveraging the discovery process to achieve a dismissal or acquittal. This non-conviction status, after the required waiting period, opens the door to legally seal the arrest record from public view, though it remains accessible to certain government and licensing agencies. Consulting with a skilled Legal Expert is highly recommended to navigate these time-sensitive and complex requirements.

Frequently Asked Questions (FAQ)

Q: Can a reckless driving conviction be expunged in Alabama?

A: Generally, no. Alabama law currently excludes convictions for “serious traffic offenses,” which includes reckless driving, from expungement eligibility. The law prioritizes expungement for non-conviction cases and certain non-excluded misdemeanor convictions.

Q: How long is the waiting period for expungement after a dismissal?

A: It depends on the type of dismissal. If the charge was dismissed with prejudice or you were found not guilty, the wait is 90 days. If the charge was dismissed after a diversion program, the wait is one year. If dismissed without prejudice (a misdemeanor/traffic violation), the wait is typically one year, provided you have no other convictions during the previous two years.

Q: What is the main purpose of “discovery” in a reckless driving case?

A: The purpose of discovery is for the defendant to obtain evidence the prosecution plans to use or possesses, such as police notes, radar calibration records, and video. This information is critical for preparing a defense to challenge the charge, aiming for an outcome (like dismissal) that makes the record eligible for sealing.

Q: Does expungement erase my record completely?

A: No. Expungement removes the record from public view (employers, landlords) but the record remains accessible to certain government entities, such as law enforcement, utilities, and licensing agencies, upon application for employment.

Q: Should I hire a Legal Expert for an expungement petition?

A: While not legally required, it is highly recommended. The expungement process involves strict statutory requirements, fees, and court procedures that a Legal Expert can help ensure are met, significantly improving the chances of a successful outcome.

Disclaimer

AI Generation Notice: This content was generated by an AI assistant. While it is based on publicly available legal information and Alabama statutes, it is not a substitute for professional legal advice from a qualified Legal Expert. Do not rely on this information to make legal decisions. Always consult with a licensed Legal Expert in Alabama to discuss the specifics of your case and current law, as statutes can change.

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