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A criminal record, even one without a conviction, can create lifelong obstacles. In Alabama, the process of expungement offers a second chance, especially for misdemeanor or traffic offenses like certain hit-and-run charges. Learn the exact eligibility requirements under Alabama Code § 15-27, the difference between an arrest and a conviction, and the steps to petition the court to clear your record from public view. This guide provides a professional overview of the legal procedures in the state of Alabama.
A “hit and run” incident, often classified as a traffic violation or misdemeanor, can lead to a criminal record even if the charge is eventually dismissed or acquitted. The moment an arrest is made and an arraignment occurs, the incident is documented and becomes part of the public record, potentially affecting employment, housing, and educational opportunities. Fortunately, Alabama law provides a mechanism to legally “erase” this history from public view: the process of expungement.
In Alabama, the term expungement is used for what is commonly referred to as record sealing in other jurisdictions. This procedure, governed by the Code of Alabama, specifically Title 15, Chapter 27 (Ala. Code § 15-27), allows eligible individuals to petition the court to treat the charge “as if it never occurred”. Understanding the specific criteria is critical, as eligibility hinges entirely on the final disposition of the case—whether the charge resulted in a conviction or was dismissed.
Alabama’s Expungement Law: The Path to a Clear Record
The ability to expunge a criminal record in Alabama has expanded significantly in recent years. Initially enacted in 2014, the law primarily addressed non-conviction arrests. A major update, often called the “Redeemer Act” (2021), expanded eligibility to include certain convictions. This is a crucial distinction for a hit-and-run arraignment, which is typically a traffic violation or a misdemeanor charge.
Expungement is not automatic; it requires a formal petition to the Circuit Court in the county where the charge was filed. The court, and not an administrative agency, grants the expungement order. Once granted, the court orders all agencies—including law enforcement and the courts—to remove the record from public access, archiving it in a protected file at the Alabama Criminal Justice Information Center (ACJIC).
Eligibility for a Hit-and-Run Traffic Charge
A hit-and-run charge in Alabama can be classified as a misdemeanor or a traffic violation, falling under Section 15-27-1. Your eligibility to expunge the record of your arraignment depends on the final outcome of the case.
Scenario 1: Non-Conviction (Charge Was Dismissed or Acquitted)
If you were arrested, arraigned for a hit-and-run, but not ultimately convicted, your record may be eligible for expungement under the following conditions:
| Case Outcome | Waiting Period |
|---|---|
| Dismissed With Prejudice, Not Guilty, or No Billed by Grand Jury | 90 days from disposition date |
| Dismissed Without Prejudice | 2 years from dismissal date, and no other convictions (excluding minor traffic) during that time |
| Dismissed After Successful Completion of a Diversion Program | 1 year from the date of successful completion |
Scenario 2: Conviction (Charge Resulted in a Guilty Plea or Verdict)
Even if you were convicted of a hit-and-run (assuming it is classified as a misdemeanor, violation, or traffic offense), the record may now be expungeable if you meet several strict conditions under the updated law:
- The offense must not be a violent offense or a sex offense.
- All probation or parole requirements must be completed.
- All fines, costs, restitution, and other court-ordered amounts must be paid in full.
- Three years must have passed from the date of conviction.
⚠ Important Caution: Ineligible Offenses
Alabama’s expungement statute prohibits expungement for certain violent felonies and serious sex offenses, even if the charge was dismissed. While a standard misdemeanor hit-and-run is usually eligible, if the incident involved serious injury or death, the underlying charge may be classified as a felony or a violent offense, which would likely disqualify it from expungement under current law.
Navigating the Expungement Petition Process
The procedure for seeking expungement is standardized and requires meticulous attention to documentation. It begins with filing a formal petition (Form CR-65) in the Circuit Court.
Step-by-Step Filing Requirements
- Obtain Your Certified Criminal History: You must first obtain a certified copy of your criminal history record from the Alabama Law Enforcement Agency (ALEA).
- Gather Certified Case Records: You need a certified record of the case action summary or disposition from the relevant court, or a certified record of arrest from the law enforcement agency.
- File the Petition: File the Petition for Expungement of Records (Form CR-65) with the Circuit Court Clerk in the county where the charge was filed. The petition must include a sworn statement affirming you meet all requirements.
- Pay Fees: An administrative filing fee of $500 (as of the latest statute) is required. An Affidavit of Substantial Hardship (ASH) can be filed if you cannot afford the fee, but the fee will not be waived and must be paid in full before the expungement is granted.
- Serve the Prosecuting Agency: A copy of the petition and sworn affidavit must be served on the Prosecuting Agency (District Expert’s Office). The Prosecuting Agency has 45 days to file a written objection.
- Attend a Hearing (If Necessary): If an objection is filed by the Prosecuting Agency or a victim, the court will set a hearing. If there is no objection, the judge may rule on the petition without a hearing.
💡 Legal Expert Tip: Due Diligence
Because the expungement process is complex, time-sensitive, and requires precise documentation, engaging an experienced Legal Expert is highly recommended. A Legal Expert can accurately determine eligibility, ensure all documents are certified correctly, and represent you if the Prosecuting Agency files an objection, increasing your chance of a favorable ruling.
Case Snapshot: Successful Misdemeanor Expungement
A petitioner, “J.D.,” was charged with a misdemeanor hit-and-run after a minor parking lot incident. The charge was later dismissed without prejudice after the victim was compensated through a civil settlement. J.D. waited the required two-year statutory period without any further arrests or convictions (excluding minor traffic tickets). J.D.’s Legal Expert filed the petition with certified records and the $500 fee. After the 45-day objection period passed without a response from the Prosecuting Agency, the Circuit Judge signed the order of expungement. J.D. was legally entitled to state that the incident never occurred when applying for a new job.
Summary: Key Steps for Clearing Your Arraignment Record
To successfully expunge a record related to an Alabama hit-and-run arraignment, keep these critical points in focus:
- Confirm Eligibility Status: Determine if your case ended in a conviction or a non-conviction, and ensure the required statutory waiting period (90 days, 1 year, 2 years, or 3 years) has fully elapsed.
- Complete All Obligations: If convicted, you must have completed all terms of your sentence, including paying every fine, court cost, and restitution amount in full.
- Gather Certified Documents: You must possess a certified ALEA criminal history record and a certified copy of your case’s final disposition or case action summary.
- File and Serve Promptly: File the petition in the correct Circuit Court and ensure the Prosecuting Agency is formally served to start the 45-day review clock.
- Plan for Fees: Be prepared to pay the mandatory administrative filing fee of $500, as the expungement will not be granted until it is paid.
Card Summary: The Power of Expungement
What it does: Legally treats the hit-and-run charge and arraignment as if they “never occurred”.
Key Law: Alabama Code Title 15, Chapter 27 (Ala. Code § 15-27).
Major Benefit: You are generally no longer required to disclose the charge on job, credit, or other applications.
Frequently Asked Questions (FAQ)
Q: What is the difference between “sealing” and “expungement” in Alabama?
A: While “sealing” is used in some states to restrict public access to a record, Alabama’s legal mechanism is officially called “expungement.” When an Alabama court grants an expungement, it is the process of removing the record from public access and legally voiding the record of the proceedings.
Q: Is a hit-and-run charge always eligible for expungement if it was dismissed?
A: It is highly likely, provided the charge was classified as a misdemeanor, violation, or traffic offense. However, the dismissal must be “with prejudice,” or if “without prejudice,” the two-year waiting period must be met without new non-minor convictions.
Q: If my expungement is granted, will law enforcement still be able to see the record?
A: Yes, in a limited capacity. The records are not physically destroyed; they are sent to the Alabama Criminal Justice Information Center (ACJIC) and archived in a protected, non-public file. Law enforcement and certain licensing authorities may still access this file under restricted circumstances.
Q: Can I expunge a hit-and-run conviction, or just the arraignment/arrest record?
A: Under the 2021 Redeemer Act, you may expunge a misdemeanor or traffic conviction, provided three years have passed since the conviction date and all financial and probationary obligations were met. This is a significant change from prior law, which only allowed expungement for non-convictions.
Disclaimer and Legal Consultation
This blog post was generated by an AI assistant based on the current understanding of Alabama Code Title 15, Chapter 27, and related case summaries. The information provided herein is for informational and educational purposes only and does not constitute formal legal advice. Expungement laws are subject to frequent change, interpretation, and judicial discretion. Only a qualified Alabama Legal Expert can review your specific criminal history, including the exact charges and disposition of your hit-and-run arraignment, and guarantee an accurate assessment of your eligibility. You should not rely on this information without consulting a Legal Expert licensed to practice in Alabama.
Do not let an old record define your future. Consult an Alabama Legal Expert today.
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