Clear Your Name: Expunging a Hit and Run Arrest in Alabama

The path to clearing a criminal record in the State of Alabama, particularly for traffic-related offenses like a ‘hit and run,’ can be highly complex. A simple arrest, even one that did not result in a conviction, can still appear on background checks, creating significant hurdles. Fortunately, Alabama’s legislature, primarily through the amendments made by the REDEEMER Act (Act No. 2021-286) to the Code of Alabama 1975, Section 15-27, significantly expanded the possibilities for Alabama criminal record relief.

The key to expunging a record is determining whether the charge falls under the category of a non-violent offense and whether the case resulted in a conviction or a non-conviction outcome. This distinction is paramount when dealing with traffic crimes.

Eligibility Tiers: Conviction vs. Non-Conviction

Alabama law divides expungement eligibility into two main categories: cases that resulted in a conviction and cases that did not (an arrest only).

1. Non-Conviction Expungement (Arrest Record)

If your Hit and Run arrest in Alabama did not result in a conviction, the path to expungement is generally clearer, provided the charge is not defined as a violent felony under Alabama law. Expungement is typically available for misdemeanors, violations, and non-violent felonies if the case was resolved in one of the following ways:

• Dismissed with Prejudice: The court’s ruling prevents the charge from ever being re-filed. A petition may be filed after 90 days.
• Found Not Guilty (Acquitted): A petition may be filed after 90 days.
• No-Billed by a Grand Jury: A petition may be filed after 90 days.
• Dismissed After Diversion Program: Including drug court, mental health court, or other court-approved deferred prosecution. A petition may be filed one year after successful completion.
• Dismissed without Prejudice: A petition may be filed after five years for felonies or one year for misdemeanors, provided no other felony or misdemeanor convictions occurred during that period.

2. Conviction Expungement (The ‘Serious Traffic’ Hurdle)

For a conviction (misdemeanor or violation) to be eligible for expungement, it must meet several strict requirements, one of the most critical being that the offense must not be a “serious traffic offense”.

If the conviction is not a serious traffic offense and is otherwise eligible, the petitioner must meet the following criteria:

1. Waiting Period: At least three years must have passed from the date of conviction.
2. No Subsequent Convictions: No other felony or misdemeanor convictions in the three years prior to filing.
3. Full Compliance: All court costs, fines, fees, restitution, probation, and parole requirements must be fully satisfied.

The Alabama Expungement Process: Step-by-Step

Seeking to expunge hit and run Alabama records involves a formal legal procedure that must be followed precisely.

Step	Action Required
1. Preparation	Gather all required documents and ensure all court-ordered financial obligations are paid.
2. Filing & Fee	File the Petition with the Circuit Court in the county where the arrest or charge occurred. The administrative filing fee is a non-refundable $500 per arrest incident.
3. Service	The Petitioner must serve copies of the Petition on all necessary parties, including the District Attorney and the relevant law enforcement agencies.
4. Review & Hearing	The prosecutor has 45 days to object. If an objection is filed, the judge will set a hearing. The final decision to grant expungement is at the Circuit Court Judge’s discretion.

The Benefits of Expungement: A Clean Slate

The successful expungement of a Hit and Run arrest or conviction is transformative. The law treats the expunged incident as if it never occurred, providing a substantial fresh start.

While an individual can represent themselves, the complexity of determining eligibility—especially for the “serious traffic offense” classification—and navigating the court process makes seeking professional guidance highly advisable. A Legal Expert can ensure all statutory requirements are met, documents are correctly filed, and properly represent your case should a hearing be required.

Summary of Alabama Code Section 15-27 Key Points

Here are the crucial takeaways for anyone seeking to expunge a record related to a Hit and Run charge:

1. Expungement is possible for arrests (non-convictions) resolved by dismissal, no-bill, or acquittal, usually with a short waiting period (90 days).
2. Misdemeanor convictions are only eligible if the offense is not a “serious traffic offense” and requires a three-year waiting period post-conviction.
3. All court-ordered payments (fines, costs, restitution) must be paid in full before filing the petition.
4. The process is not automatic; it requires filing a formal Petition for Expungement in Circuit Court and a $500 administrative fee.

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Frequently Asked Questions (FAQ)

Taking the steps to pursue expungement can be life-changing, restoring your ability to pursue a better future free from the shadow of a past arrest. Understand your rights and consult with a professional to begin the process of obtaining an Alabama criminal record relief today.

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