Topic Focus: Expunging a ‘Hit and Run’ charge in Alabama that was “no-billed” by a Grand Jury.
Navigating the aftermath of a criminal charge can be complex, especially when the case involves a serious matter like a ‘Hit and Run.’ Even if the charge did not result in a conviction, the public record of the arrest can create significant obstacles. Fortunately, Alabama’s expungement law, often updated through acts like the REDEEMER Act, offers a path to a cleaner slate. Understanding how a Grand Jury’s decision—specifically a “no-bill”—affects your eligibility is the critical first step in the expungement process for a traffic-related charge in the state.
In Alabama, a Grand Jury reviews felony cases to determine if there is enough probable cause to issue an indictment (a “true bill”) and proceed to trial. When the Grand Jury decides there is insufficient evidence to indict the individual, they issue a “no-bill”. This outcome is legally significant and places the case into one of the most favorable categories for expungement eligibility.
For any non-violent felony, misdemeanor, violation, or traffic offense charge that is no-billed by a Grand Jury, the petitioner is eligible to file for expungement after a mandatory waiting period of only 90 days from the date of the disposition, assuming the charge has not been refiled. This is one of the shortest waiting periods available under Alabama law.
The core challenge in expunging a ‘Hit and Run’ charge lies in its legal classification. While many traffic violations and misdemeanors are eligible, Alabama law explicitly prohibits the expungement of “violent offenses”.
| Disposition of Charge | Charge Type | Waiting Period |
|---|---|---|
| No-Billed by Grand Jury | Non-Violent Felony / Misdemeanor / Traffic Violation | 90 days |
| Dismissed Without Prejudice | Non-Violent Felony | 5 years |
| Dismissed Without Prejudice | Misdemeanor / Traffic Violation | 2 years |
The law specifically states that a conviction for a misdemeanor, violation, or traffic violation is ineligible for expungement if it is a “serious traffic offense” as provided in Article 9 of Chapter 5A of Title 32 of the Code of Alabama. While a simple ‘leaving the scene of an accident’ may be a misdemeanor, if the ‘Hit and Run’ involved serious injury, death, or was part of a major traffic violation, it could be classified in a way that prohibits expungement, even if no-billed. You must confirm the exact statutory definition of the charge.
If your case was no-billed by a Grand Jury and you have passed the 90-day waiting period, you can begin the formal process in the Circuit Court of the county where the charges were filed.
A petitioner (Ms. A) was charged with a non-violent felony ‘Hit and Run’ in a high-profile case. The Grand Jury reviewed the evidence and returned a no-bill. After the required 90-day period, Ms. A, with the assistance of a Legal Expert, filed a Petition for Expungement. She provided the necessary certified records, including the Grand Jury disposition and a criminal history check from the Alabama Criminal Justice Information Center (ACJIC). Since the District Attorney filed no objection within the 45-day window, the Circuit Court Judge granted the expungement, and her records were cleared.
Filing the petition requires strict compliance with Ala. Code 1975 § 15-27-3.
The District Attorney has 45 days to file an objection. If an objection is filed, a hearing will be set. The decision to grant expungement ultimately rests with the Circuit Court Judge.
If the expungement is granted, the law treats the incident as if it never occurred, and the charge is physically destroyed or sealed away in a protected file at the ACJIC.
An expungement is a powerful legal remedy providing a fresh start for qualified individuals. For a ‘Hit and Run’ charge that was no-billed by a Grand Jury, Alabama law provides a clear, albeit procedural, path forward. By meticulously following the statutory requirements and ensuring the charge is not a violent or serious traffic offense, you can remove the record’s burden from your public history.
A: You can file a petition for expungement 90 days after the charge has been no-billed by a Grand Jury, provided the charge was a non-violent felony, misdemeanor, or traffic offense.
A: The expungement eligibility of a ‘Hit and Run’ charge depends heavily on its classification and severity. If the charge is a non-violent felony or misdemeanor, and did not involve serious injury (which might classify it as a violent or serious traffic offense), it may be eligible. It is essential to consult with a Legal Expert to confirm the specific statutory classification of your charge.
A: You must include a sworn affidavit, a certified copy of the case action summary showing the no-bill disposition, and a certified copy of your criminal record from the Alabama Criminal Justice Information Center (ACJIC).
A: The record is removed from public view and general background checks, and the law treats the incident as if it never occurred. However, the records are archived in a protected file by the ACJIC and can still be accessed by law enforcement, the court, and certain regulatory/licensing agencies.
This blog post is for informational purposes only and does not constitute legal advice. Expungement law in Alabama (Ala. Code 1975, § 15-27) is complex and eligibility is highly dependent on the specifics of your case, including the exact charge code and disposition. This content was generated by an AI Legal Blog Post Generator. You should always consult with a qualified Legal Expert in Alabama to assess your eligibility and guide you through the petition process.
Taking the steps to expunge a past charge is an investment in your future. Do not let a case that was no-billed by a Grand Jury continue to hold you back. Consult a Legal Expert today to begin the 90-day countdown to a clean slate.
Alabama expungement law, no-billed by a grand jury, expunging criminal records, non-violent felony expungement, misdemeanor traffic violation expungement, Alabama Code § 15-27-1, Hit and Run charge expungement, 90-day waiting period expungement, expungement petition, REDEEMER Act
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