The aftermath of a criminal charge, even one that did not result in a conviction, can cast a long shadow over an individual’s life, affecting employment, housing, and credit opportunities. Fortunately, Alabama law provides a mechanism—known as expungement—to legally clear certain records from public view. This process is crucial for individuals who faced charges like Reckless Driving, a common traffic or misdemeanor violation, where the case was resolved favorably, such as being “no-billed” by a grand jury.
Expungement, often referred to colloquially as record sealing, is the act of removing all record of a criminal charge from beginning to end, essentially treating it as if it never occurred for public purposes. The specific rules governing this powerful legal tool are found in the Code of Alabama 1975, Section 15-27, which was significantly expanded by the “Redeemer Act” in 2021.
Understanding Expungement Eligibility for Non-Conviction Cases
For individuals dealing with a non-felony offense, such as a traffic violation, a misdemeanor offense, or a municipal ordinance violation, eligibility for expungement hinges on the disposition of the case. Reckless Driving, which is typically classified as a non-felony offense in Alabama, would fall under these provisions. The law defines several specific scenarios where a petition for expungement is permitted. Critically, these cover situations where a charge was initiated but ultimately did not lead to a successful prosecution.
- When the charge has been no billed by a grand jury and more than 90 days have passed.
- When the charge has been dismissed with prejudice and more than 90 days have passed.
- When the person has been found not guilty (acquitted) and more than 90 days have passed.
- When the charge was dismissed without prejudice more than two years ago, has not been refiled, and the person has had no other felony or misdemeanor convictions during that period (excluding minor traffic violations).
The Role of the Grand Jury ‘No-Bill’
The grand jury’s role is to determine if there is enough evidence to justify a formal charge (indictment). If the grand jury reviews a felony charge and decides that the evidence presented by the prosecution is insufficient to proceed, they will issue a “no-bill”. For cases that started as potential felonies but were ultimately no-billed, the record becomes eligible for expungement after a mandatory waiting period of 90 days from the date of the no-bill. This is the most direct path to “sealing” or expunging grand jury records related to an arrest.
Reckless Driving in Alabama is generally a misdemeanor or violation. While non-felony charges do not always go before a grand jury, if the original arrest was for a more serious crime (like felony DUI or aggravated assault with a vehicle) and the grand jury “no-billed” the felony, but a lesser charge like Reckless Driving was later dismissed, the no-bill would be a powerful factor for expungement. Always verify the specific code section your charge falls under to determine the correct eligibility path.
The Step-by-Step Alabama Expungement Process
The process of expungement in Alabama is not automatic; it requires the individual (the petitioner) to file a formal request with the court. Jurisdiction for filing the petition rests exclusively with the Circuit Court in the county where the original charges were filed or disposed of.
Required Documentation and Filing
| Document | Purpose & Source |
|---|---|
| Petition for Expungement | Official form (CR-65) filed with the Circuit Court. Must be sworn and list all entities holding records. |
| Certified Criminal Record (ALEA) | Official criminal history from the Alabama Law Enforcement Agency (ALEA). Fingerprints are required to obtain this record. |
| Certified Record of Disposition | Certified document (arrest, disposition, or case action summary) from the appropriate local court or law enforcement agency. |
| Filing Fee | A mandatory $300 administrative fee (or $500 depending on the date the form was generated/updated, though $300 is commonly cited for the initial act) paid to the court. This fee cannot be waived but a payment plan may be set for indigent petitioners. |
The Objection and Judicial Discretion
Once the petition is filed, the District Attorney, the law enforcement agency, and the clerk of the court must all be served with a copy. The District Attorney’s Office is granted 45 days to file an objection to the expungement request.
The decision to grant expungement ultimately rests within the exclusive discretion of the Circuit Court Judge. Even if an individual meets all the statutory criteria, a judge may still deny the petition after considering factors such as: the seriousness of the charge, the age of the charge, evidence of the petitioner’s rehabilitation, and whether all court-ordered amounts (fines, costs, restitution) have been paid in full.
Ms. J. was arrested for Reckless Driving, but the charge was dismissed by the municipal court with prejudice following a successful settlement with the prosecuting office. Since the charge was a misdemeanor/traffic violation and was dismissed with prejudice, she became eligible to file for expungement 90 days after the dismissal date, provided she had paid all associated court costs and fines. The expungement petition was filed in the Circuit Court, served on the District Attorney, and, after no objection was filed within 45 days, the judge issued the Order of Expungement, removing the public record of her arrest.
The True Effect of an Expungement Order
When an expungement order is granted, the entire record of the criminal offense is legally “erased,” meaning it is removed from public access. Records expunged include the arrest record, booking photographs, and references in public records searches.
Caution: Continuing Duty to Disclose
While the expunged record is no longer visible on general background checks, there is a key exception: The individual retains a continuing duty to disclose the expunged charge when applying for a position with any government regulatory or licensing agency, any utility, any bank or other financial institution, or any law enforcement agency. These entities have the right to inspect the expunged records after filing notice with the court.
Summary of the Expungement Process
Seeking an expungement is a significant step toward securing a cleaner personal and professional future. Given the complexity of the filing requirements, the discretion of the court, and the need for correct, certified documentation, many petitioners choose to seek assistance from a knowledgeable legal expert.
- Determine Eligibility: Confirm the charge (like Reckless Driving) is a non-violent, non-felony offense or one of the eligible non-conviction felonies, and that the case disposition (e.g., grand jury no-bill) meets the criteria of Code of Alabama § 15-27-1.
- Fulfill Waiting Period: Ensure the necessary time has passed (e.g., 90 days for a no-bill or acquittal) and all financial obligations (fines, costs, restitution) are paid in full.
- Gather Certified Documents: Obtain a certified criminal history from ALEA (requiring fingerprints) and a certified record of disposition from the local court or arresting agency.
- File and Serve: File the completed Petition for Expungement with the Circuit Court, pay the $300 administrative fee, and properly serve the required parties (District Attorney, Law Enforcement, Clerk of Court).
- Await Court Order: The District Attorney has 45 days to object; the judge will then rule on the petition, potentially after a hearing. If granted, an Order of Expungement is issued, clearing the public record.
Card Summary: Grand Jury No-Bill Expungement
If you were charged with Reckless Driving or a similar offense that was ultimately no-billed by a grand jury in Alabama, you are a strong candidate for expungement under state law. The 90-day waiting period applies after the no-bill, provided you have paid all court-ordered amounts. This process involves filing a petition with the Circuit Court, submitting certified records from ALEA and the local court, and paying the statutory filing fee.
Frequently Asked Questions (FAQ)
Q: Is Reckless Driving considered a violent offense in Alabama, making it ineligible for expungement?
A: Reckless Driving is generally a non-violent misdemeanor or traffic violation and is therefore eligible for expungement if the underlying charge meets one of the statutory requirements (e.g., dismissal, not guilty verdict, or no-bill). Violent offenses are typically ineligible for expungement.
Q: What is the main difference between “sealing” and “expungement” in Alabama?
A: In common parlance, “sealing” and “expungement” are often used interchangeably, but Alabama law primarily uses the term “expungement” (Code of Alabama 1975, Section 15-27). Expungement is a more comprehensive process that results in the legal “erasure” of the public record. Records are removed from public access but may still be accessed by specific government and licensing agencies.
Q: How long does the expungement process take after filing the petition?
A: Once the petition is filed, the District Attorney has 45 days to file an objection. Petitioners should not expect a ruling for at least 60 days, as the judge may rule with or without a hearing. The total time can vary based on the court’s calendar and the complexity of the case.
Q: Can a conviction for Reckless Driving be expunged?
A: Convictions for non-violent misdemeanors, violations, or traffic violations can be expunged in Alabama under the Redeemer Act (Code of Alabama § 15-27-1(b)). However, the waiting period is much longer: three years must pass from the date of conviction, and all probation/parole requirements, fines, and costs must be completed.
Q: What if the court grants the expungement but I later apply for a job in law enforcement?
A: Expunged records are generally not available to public employers, but an exception exists for applications to law enforcement or corrections positions. You must disclose the expunged charge to these agencies, and they can inspect the records after notifying the court.
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Disclaimer: This blog post is for informational purposes only and is not a substitute for legal advice. Laws regarding expungement (Code of Alabama § 15-27) are complex and subject to change. A petition for expungement is not guaranteed, and the court has full discretion to deny the request. Individuals seeking to clear a criminal record should consult directly with a qualified Legal Expert to review their specific case and ensure all statutory requirements are met.
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Please consult a qualified legal professional for any specific legal matters.