Meta Description: Understand Alabama’s expungement law (Code § 15-27-1) to seal or ‘erase’ your reckless driving conviction record, including those involving an appeal. Learn eligibility, process, and waiting periods.
A conviction for reckless driving, even a single misdemeanor traffic offense, can cast a long shadow, affecting your employment prospects, insurance rates, and general peace of mind. For those whose case involved an appeal, the complexity of clearing that public record can seem insurmountable. Fortunately, Alabama’s expungement laws, particularly the provisions under the REDEEMER Act (Act No. 2021-286), offer a path to a truly fresh start by effectively ‘sealing’ the entire court file, including appellate records.
This guide explains how a reckless driving case—whether it ended in a conviction or a dismissal—can be removed from public view in Alabama through the process of expungement.
Expungement: Alabama’s Answer to Record Sealing
In Alabama, the term
Legal Expert Tip: The Power of Expungement
Expungement is more than just sealing; it is the court-ordered destruction or obliteration of the record itself. This process ensures that background checks performed by standard third parties will not reveal the charge or conviction, offering the most comprehensive form of record relief available for eligible offenses.
Eligibility for Reckless Driving Expungement
Reckless driving is classified as a misdemeanor offense or a traffic violation in Alabama, which makes it potentially eligible for expungement under Section 15-27-1. Eligibility depends heavily on the outcome of your case and whether it resulted in a conviction.
1. Expungement of a Reckless Driving Conviction
Under Alabama Code § 15-27-1(b), a person convicted of a misdemeanor or traffic violation may petition for expungement if specific conditions are met:
- Waiting Period: Three (3) years must have passed from the date of the conviction.
- Completion of Sentence: All probation or parole requirements must be completed, including the full payment of all fines, court costs, restitution, and other court-ordered amounts.
- No Disqualifying Offenses: The offense cannot be categorized as a serious traffic offense, a violent offense, a sex offense, or a crime of moral turpitude. Reckless driving must also not have occurred while operating a commercial motor vehicle if it involved an offense enumerated in 49 C.F.R. § 383.51.
2. Expungement for a Reckless Driving Non-Conviction
If your reckless driving charge was dismissed, dropped, or resulted in a not-guilty verdict, expungement eligibility is much sooner.
| Case Outcome | Waiting Period |
|---|---|
| Dismissed With Prejudice, No-Billed, or Found Not Guilty | 90 days must have passed. |
| Dismissed After Successful Completion of a Deferred Prosecution or Diversion Program | One (1) year from the date of completion. |
| Dismissed Without Prejudice | One (1) year, provided the charge has not been refiled and the person has not been convicted of any other felony or misdemeanor during the previous two years. |
Sealing the Appeal Record: The Comprehensive Scope of Expungement
The user’s specific interest in a “reckless driving
What the Expungement Order Covers
- Arrest records held by law enforcement agencies.
- Trial court files from the District or Circuit Court.
- Records held by the Alabama Law Enforcement Agency (ALEA).
- Appellate court records, which are part of the overall documentation relating to the criminal charge.
The court directs all entities—from the arresting agency to the highest court clerk—to remove the file from public access, ensuring the entire legal history of that single charge is cleared.
The Expungement Petition Process
The jurisdiction for filing an expungement petition for a misdemeanor or traffic violation is the criminal division of the Circuit Court in the county where the original charges were filed. The process involves several mandatory steps:
Step-by-Step Filing
- Obtain Your Criminal History: You must first obtain a certified copy of your official criminal record from the Alabama Law Enforcement Agency (ALEA).
- Gather Case Records: You must secure a certified record of arrest, disposition, or the case action summary from the appropriate local court or law enforcement agency.
- Complete the Petition: The official form, “Expungement Petition – CR-65,” must be used. Note that only
one offense may be filed per petition, meaning a multi-count case requires multiple petitions. - Pay the Filing Fee: An administrative filing fee of $500.00 must be paid at the time of filing, as a condition precedent to any expungement ruling.
- Serve Required Parties: You are required to serve the District Attorney, the law enforcement agency, and the clerk of the court of the jurisdiction for which the records are sought to be expunged.
- Court Ruling: The District Attorney has 45 days to object. The Circuit Court Judge has exclusive jurisdiction and the decision to grant the expungement is discretionary.
⚠️ Caution on Traffic Convictions
While reckless driving is often expungeable, be aware that Alabama law explicitly excludes certain “Serious Traffic Offenses” from conviction expungement. Consult with a qualified Legal Expert to confirm your specific reckless driving conviction does not fall into a disqualifying category under the statute.
Key Takeaways for Clearing Your Record
Summary
- Alabama uses the legal process of
expungement to remove records of reckless driving charges and convictions from public access, which is the equivalent of ‘sealing’ the record. - A reckless driving conviction requires a minimum three-year waiting period from the date of conviction and completion of all sentencing requirements (fines, costs, etc.) to be eligible for expungement.
- If the charge was dismissed or resulted in a not-guilty verdict, the waiting period can be as short as 90 days to one year.
- The court’s expungement order is comprehensive, covering all case documentation, including any records generated during a District, Circuit, or Appellate court appeal.
- The process is formal, requires the filing of the CR-65 Petition in the Circuit Court, includes a mandatory $500 fee, and is ultimately decided at the discretion of the presiding judge.
Card Summary: Reclaiming Your Future
The reckless driving charge and any subsequent appeal record do not have to define your future. By understanding and successfully navigating the Alabama expungement process, you can gain relief from the public burden of a criminal record. Eligibility hinges on the final outcome of your case and adhering to the statutory waiting periods. Consulting a qualified Legal Expert is the most effective way to ensure all documentation is correctly filed and your petition is properly advocated before the Circuit Court.
Frequently Asked Questions (FAQ)
Can a DUI conviction be expunged in Alabama?
DUI convictions are generally considered Serious Traffic Offenses and are often explicitly excluded from expungement eligibility under Alabama law. Eligibility for expungement is typically limited to non-serious traffic violations and non-violent misdemeanors. A pardon might be a different avenue for relief.
How long does the expungement process take?
The time to complete the expungement process can vary widely. After the petition is filed, the District Attorney has 45 days to object. Depending on court backlog and the need for a hearing, the entire process may take several months to a year.
What if my case was a Youthful Offender adjudication?
Youthful Offender (YO) adjudications and juvenile records follow different, often less restrictive, sealing or expungement rules than adult criminal convictions. These records can often be sealed or expunged more quickly under separate provisions.
Is the $500 filing fee the only cost?
No. While the $500.00 administrative fee is mandatory and is a condition precedent to the court ruling, you will also incur costs for obtaining certified criminal records from ALEA and certified court records from the local court, as well as potential Legal Expert fees.
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Disclaimer: This content is for informational purposes only and is based on a review of Alabama expungement law (Code of Alabama 1975, Chapter 27) as interpreted by an AI model trained on available public data. It is not a substitute for professional legal advice. The eligibility and process for expungement are highly specific to the facts of each case, and we strongly recommend you consult a licensed Alabama Legal Expert to evaluate your specific situation and guide you through the petition process. No attorney-client relationship is formed by viewing this post.
Blog Post Generated by AI.**
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Please consult a qualified legal professional for any specific legal matters.