Alabama Hit and Run Charges: The Complete Guide to Sealing Your Bail Hearing Record

A past misdemeanor charge, especially one related to traffic like a “hit and run” incident, can cast a long shadow, affecting everything from job applications to housing prospects. Even if the charge was ultimately dismissed, the public record of the arrest and the subsequent bail hearing often remains visible. In Alabama, the legal process of expungement offers a critical pathway to clear your name and provide a fresh start. Understanding this process, particularly for traffic violations and how it affects records like a bail hearing transcript, is essential for anyone seeking to move forward.

This guide breaks down Alabama’s expungement law (specifically Alabama Code § 15-27), focusing on eligibility for traffic-related offenses, the distinction between “sealing” and “expunging” a record, and the precise steps you must take in the Circuit Court to remove these records from public access. The core principle is simple: expungement is designed to treat the proceedings “as if the offense never occurred”.

Expungement vs. Record Sealing in Alabama

While people often use the term “record sealing” interchangeably with “expungement,” Alabama law primarily utilizes the process of expungement. This is a crucial distinction, as the effect is much broader than simply sealing the record from general view.

Eligibility for Hit and Run and Traffic Violations (Ala. Code § 15-27-1)

Whether your specific “hit and run” charge—which is classified as a traffic violation or misdemeanor depending on the details—is eligible for expungement hinges entirely on the final disposition of the case. Alabama Code § 15-27-1 governs the expungement of records for a misdemeanor offense, violation, traffic violation, or municipal ordinance violation.

Eligibility Based on Non-Conviction Outcomes

The path to expungement is simplest when there was no conviction. This includes records from the arrest, booking, and any preliminary hearings, like a bail hearing. Eligibility exists if the case resulted in any of the following outcomes, provided the necessary waiting period has passed and the charge has not been refiled:

Case Outcome	Minimum Waiting Period
Dismissed with Prejudice	More than 90 days
No-Billed by a Grand Jury	More than 90 days
Found Not Guilty (Acquitted)	More than 90 days
Dismissed Without Prejudice	More than one year, provided no other disqualifying convictions in the last two years (excluding minor traffic violations)

Eligibility for Convicted Misdemeanor Traffic Violations

Even if you were convicted of a misdemeanor traffic violation—which a simple ‘hit and run’ involving property damage often is—expungement may still be possible under the post-2021 law (the REDEEMER Act). The key conditions are outlined in Ala. Code § 15-27-1(b):

• All probation or parole requirements must be fully completed, including payment of all fines, costs, restitution, and other court-ordered amounts.
• Three years must have passed from the date of conviction.
• The offense must not be one of the violent, sexual, or moral turpitude crimes that are excluded from expungement. Importantly, you must not have been operating a commercial motor vehicle if the offense is one listed in 49 C.F.R. § 383.51.

The Bail Hearing Record: What Gets Expunged?

The term “records” in the Expungement Act is comprehensive. It encompasses all documentation relating to the charge, from the moment of arrest through the final court disposition. This specifically includes the records associated with your release on bail, such as the arrest record, booking photos, and the transcript or minute entries from the initial court proceedings, like the bail hearing.

Step-by-Step: The Alabama Expungement Petition Process

The expungement process is not automatic; it requires a formal petition filed in the court system. This process is complex and requires meticulous attention to detail. It is highly recommended that you consult with a Legal Expert to ensure proper compliance.

Filing Essentials: CR-65 and Documentation

1. Determine Eligibility and Pay Fees: Confirm you meet the waiting period and payment requirements (all fines, costs, and restitution must be paid). A non-refundable $500 administrative fee (per arrest incident) must be paid upon filing, in addition to any other court costs.
2. Obtain Certified Records: You must secure a certified copy of your criminal history from ALEA and a certified record of disposition or the case action summary from the court. These prove the outcome of your case.
3. File the Petition: Complete the official Petition for Expungement of Records (Form CR-65). This petition must be filed in the criminal division of the Circuit Court in the county where the original charges were filed.
4. Serve Notice: A copy of the petition and sworn affidavit must be formally served upon the District Attorney’s office, the arresting law enforcement agency, and the circuit clerk.
5. Wait and Attend Hearing: The District Attorney has 45 days to object to the petition. If there is no objection, the judge may rule without a hearing. If an objection is filed, a hearing will be scheduled, where you or your Legal Expert can present your arguments to the judge.

Summary of the Expungement Outcome

If the Circuit Court Judge is “reasonably satisfied” that you have complied with the Expungement Act and grants the petition, the impact on your life is significant.

Key Benefits of Expungement:

1. No Disclosure Required: You generally do not have to disclose the expunged charges on employment, credit, or other types of applications (with exceptions for certain positions like law enforcement or licensing agencies).
2. Records Removed: All public records related to the arrest, the bail hearing, and the court case are destroyed or archived in a protected, non-public file, effectively removing them from public background checks.
3. Official Response: Courts and other agencies are instructed to respond to inquiries that “no record exists on the matter,” giving you a clean slate.
4. Restoration of Rights: While expungement is not a pardon, it is a definitive step toward clearing your past and providing better opportunities for housing, education, and professional licenses.

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Frequently Asked Questions (FAQ) About Alabama Expungement

Q: Can I expunge a conviction for a ‘hit and run’ charge, or only dismissed cases?

A: Both can be eligible. While non-convictions (dismissals, acquittals) are easier, a conviction for a misdemeanor traffic violation can also be expunged if you meet strict criteria, including a three-year waiting period after completing all sentence requirements and not operating a commercial vehicle at the time of the offense.

Q: Does expungement remove the record of the bail hearing?

A: Yes. The expungement order covers all records related to the charge in the custody of the court and law enforcement agencies, which explicitly includes the arrest, booking, and all subsequent court proceedings like a bail hearing.

Q: Is there a fee to file the expungement petition in Alabama?

A: Yes, there is a mandatory, non-refundable administrative fee of $500 that must be paid to the court for each arrest incident you seek to expunge, along with any other court costs.

Q: How long does the expungement process typically take?

A: The entire process typically takes about 2 to 4 months. The District Attorney has a 45-day period to file an objection, and the judge will rule after that period, with or without a hearing, depending on whether there is an objection.

Q: Do I need a Legal Expert to file for expungement?

A: While the law does not require professional representation, the process is detailed and complex, involving specific documentation (like certified criminal records from ALEA) and mandatory service requirements. Consulting an experienced Legal Expert is strongly recommended to ensure all requirements are satisfied and to handle any potential objections.

Alabama Expungement, Record Sealing, Hit and Run Charge, Misdemeanor