Meta Description: Understand the complex rules for expunging an Alabama reckless driving verdict, distinguishing between a dismissal and a conviction under the REDEEMER Act. Learn the critical “serious traffic offense” exclusion.
Decoding Alabama Reckless Driving Expungement Under the REDEEMER Act
A reckless driving charge in Alabama, classified as a misdemeanor criminal offense, can have lasting impacts on employment, insurance rates, and general background checks. The desire to clear this record often leads individuals to seek an expungement (also known as record sealing) to move forward with a clean slate. However, the process is governed by strict state law, particularly the Alabama Expungement Act, which was significantly expanded by the 2021 REDEEMER Act (Record Expungement Designed to Enhance Employment and Eliminate Recidivism).
The key to determining eligibility for record sealing hinges entirely on the final reckless driving verdict: was it a non-conviction (such as dismissed or found not guilty) or a conviction?
Expunging Non-Conviction Verdicts (Dismissal or Not Guilty)
If your reckless driving case resulted in a non-conviction, the path to expungement is generally straightforward, as the state law favors clearing records where guilt was not established or charges were dropped. Reckless driving is categorized as a misdemeanor offense, a violation, or a traffic violation, all of which are covered under the expungement statute (Alabama Code § 15-27-1).
Case-by-Case Eligibility (Non-Convictions)
You may file a petition to expunge records if the charge meets one of the following criteria:
- Verdict of Not Guilty: If you were found not guilty of the charge, you are eligible to file for expungement after more than 90 days have passed.
- Dismissed With Prejudice: The charge was dismissed with prejudice, and more than 90 days have passed.
- Nolle Prossed: The charge was nolle prossed (a formal decision not to prosecute) without conditions, more than 90 days have passed, and the charges have not been refiled.
- Successful Diversion Program: The charge was dismissed after the successful completion of a court-approved deferred prosecution or diversion program, with a one-year waiting period from completion.
The Critical Hurdle: Reckless Driving Convictions
The user’s question about a “verdict” often refers to a guilty finding—a conviction. Prior to 2021, no convictions were expungeable in Alabama. The REDEEMER Act expanded eligibility to include certain misdemeanor convictions, but it contains a vital exclusion for traffic-related offenses.
Caution: The Serious Traffic Offense Exclusion
A misdemeanor conviction is only eligible for expungement if it is NOT a serious traffic offense, a violent offense, a sex offense, or a crime involving moral turpitude.
Under Alabama Code § 15-27-1(b), a person convicted of a misdemeanor traffic violation cannot obtain an expungement if the conviction is a “serious traffic offense, as provided in Article 9 of Chapter 5A of Title 32”. Multiple sources indicate that Reckless Driving is specifically listed as a serious traffic offense, making a conviction for this crime typically ineligible for expungement.
Case Study (Hypothetical & Anonymized)
A person, referred to as “Petitioner A,” was convicted of Reckless Driving in Jefferson County in 2020. Petitioner A completed all terms of the sentence and paid all fines in 2021. Despite meeting the standard 3-year waiting period for other misdemeanor convictions, a Legal Expert advised that the conviction was ineligible for expungement because it is classified as a serious traffic offense under Title 32 of the Alabama Code. Had Petitioner A been found Not Guilty, the record would have been eligible for expungement after 90 days.
The Expungement Petition Process in Alabama
If your reckless driving case is eligible (i.e., a non-conviction verdict), the process for “record sealing” involves filing a petition in the Circuit Court.
| Step | Requirement |
|---|---|
| 1. Check Eligibility & Wait | Ensure your verdict (dismissal/acquittal) meets the statutory waiting period (e.g., 90 days for a Not Guilty verdict). |
| 2. Gather Records | Obtain certified records of arrest and disposition from the Alabama Law Enforcement Agency (ALEA) and the court. |
| 3. File Petition | File the Petition for Expungement (Form CR-65) in the criminal division of the Circuit Court in the county where the charges were filed. |
| 4. Pay Fee | Pay the mandatory, non-refundable administrative filing fee of $500 per arrest incident. |
| 5. Notification & Ruling | The District Attorney and other parties are notified and have a chance to object. A judge will rule on the petition, sometimes with a hearing. The process typically takes 2–4 months. |
Legal Expert Tip
While not legally required, consulting with a Legal Expert experienced in Alabama’s expungement statutes is highly recommended. The specific classification of traffic offenses and the nuances of the filing process can be complex, and expert guidance can significantly improve the chance of a successful outcome.
Summary of Alabama Reckless Driving Expungement
Navigating the expungement process requires a clear understanding of the case outcome and the specific exclusions in the law. Here are the key takeaways:
- Non-Conviction Verdicts are Eligible: If your reckless driving case resulted in an acquittal (Not Guilty verdict), dismissal, or a similar non-conviction outcome, the records are generally eligible for expungement after meeting the statutory waiting period (often 90 days).
- Conviction Verdicts are Ineligible: A guilty verdict (conviction) for reckless driving is typically not eligible for expungement because the offense is categorized as a “serious traffic offense” under Alabama law, which is a mandatory exclusion for misdemeanor conviction expungement.
- The Process is Statutory: The expungement process requires filing a formal petition with the Circuit Court, presenting certified case records, and paying the $500 administrative fee.
- Expungement vs. Pardon: Expungement essentially seals the record from public view, providing a clean slate for most public background checks. A conviction that is ineligible for expungement cannot be cleared this way, though a pardon is a separate, potential route for some felony convictions (which reckless driving is not).
Record Sealing & Your Future
Securing an expungement for an eligible reckless driving non-conviction is a significant step toward improving career prospects, licensing opportunities, and overall quality of life. Even if a conviction verdict is not eligible for sealing, understanding the law provides clarity on your legal options and how to truthfully answer questions about your criminal history.
Frequently Asked Questions (FAQ)
Q: How long do I have to wait after a Not Guilty verdict to file for expungement in Alabama?
A: You must wait more than 90 days from the date you were found not guilty of the charge before you can file a petition for expungement.
Q: How much is the filing fee for expungement?
A: The administrative filing fee is $500 per arrest incident. This fee is non-refundable, regardless of whether the expungement is granted.
Q: Does expungement completely erase my record?
A: Expungement seals the record from public view and general background checks. However, the record is still visible to criminal justice agencies, prosecutors, courts, and specific government entities like the Department of Human Resources.
Q: Is a DUI conviction eligible for expungement in Alabama?
A: No. Driving Under the Influence (DUI) is also considered a serious traffic offense under the same section of law as reckless driving and is therefore excluded from the expungement of convictions under the REDEEMER Act.
Q: Where do I file the petition?
A: The petition for expungement must be filed in the criminal division of the Circuit Court in the county where the original charges were filed.
Disclaimer
This blog post is for informational purposes only and is not a substitute for professional legal advice. Legal statutes, such as the Alabama Code, are complex and subject to change (e.g., Act 2021-286 / REDEEMER Act). Eligibility for expungement is determined on a case-by-case basis by a judge. You should always consult with a qualified Legal Expert to discuss your specific case and the most current legal requirements. This content was generated by an AI assistant.
A clear record is within reach for many. Understanding the distinction between a non-conviction and a conviction verdict is the first crucial step in navigating Alabama’s expungement law.
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Please consult a qualified legal professional for any specific legal matters.