Clearing Your Record: Alabama Reckless Driving Expungement

A charge of reckless driving in Alabama is more than just a simple traffic ticket—it is classified as a misdemeanor criminal offense with penalties that can include jail time, fines, and license suspension. A conviction can leave a lasting mark on your criminal history, impacting everything from employment and housing applications to insurance rates. Fortunately, Alabama’s expungement law provides a powerful legal mechanism for eligible individuals to clear their records and seek a fresh start.

The core question for many is not just about the conviction itself, but whether all associated legal records—including those generated during the intensive process of jury selection—can be permanently sealed. This article provides a professional overview of the Alabama expungement statute (Code of Alabama 1975, Section 15-27) and clarifies the comprehensive effect an expungement order has on your case history.

Understanding Reckless Driving and Expungement Eligibility in Alabama

Reckless Driving, defined under state law, is a serious matter, constituting a misdemeanor criminal offense. The severity of the potential penalty—a first conviction can result in up to ninety days in jail and a $500 fine—underscores why clearing this charge from your record is critical.

Alabama’s expungement law permits the clearing of various misdemeanor offenses, including traffic violations, provided specific statutory requirements are met. Eligibility is split into two main categories: non-conviction cases and conviction cases.

The Role of Jury Selection in a Criminal Case (Voir Dire)

If a reckless driving case proceeds to trial in the Circuit Court, the process of jury selection, known as voir dire, becomes a central part of the criminal procedure.

Jury selection in Alabama is designed to ensure a fair cross-section of the community, drawing names randomly from sources like official voter registration lists and driver’s license records. During voir dire, both the prosecution and the defense (or their Legal Expert) question prospective jurors to identify biases or prejudices.

Jury Selection Component	Standard Procedure
Master List Source	Voter registration lists and driver’s license records.
Peremptory Challenges (Misdemeanor)	Each side typically receives 3 challenges.
Core Process	Voir dire, or the questioning phase, is used to identify and remove biased jurors.

The Sealing of Jury Selection and All Case Records

The term “record sealing” is often used interchangeably with “expungement” in Alabama, but the law’s effect is comprehensive: an expungement order mandates the erasure of the criminal charge from beginning to end.

This “erasure” extends to all records related to the specific case number of the reckless driving charge. If your case proceeded to a jury trial, the expungement order specifically requires the removal of:

• All court records, including the original complaint and final disposition.
• Arrest records held by law enforcement agencies (e.g., Sheriff, Municipal Chief of Police, State Troopers).
• The official criminal record held by the Alabama Law Enforcement Agency (ALEA).
• Jury Selection Documents: This includes the strike lists used during the voir dire process, any transcripts of the jury selection proceedings, and other internal court documents that reference the case number. The order is broad, covering “all records in the custody of the court and any records held by any other agency or official”.

While the records are sent to the Alabama Criminal Justice Information Center for protected archiving and may still be inspected by a select few entities (e.g., government regulatory agencies or law enforcement for employment), for all general purposes—such as job, credit, or other applications—agencies are required to reply that “no record exists on the matter”.

Summary of the Expungement Procedure

Securing an expungement for a reckless driving charge involves several mandatory steps under Alabama law:

1. Verify Eligibility: Ensure the case meets the statutory requirements (non-conviction or conviction with three-year waiting period, and not a serious excluded offense).
2. Gather Records: Obtain a certified criminal history record from the Alabama Law Enforcement Agency (ALEA) and a certified record of arrest or disposition from the local agency/court.
3. File Petition: File the Petition for Expungement of Records in the criminal division of the relevant Circuit Court, along with the administrative fee (which may be $300 or $500 depending on the date of law change and specific court).
4. Serve Parties: Properly serve a copy of the petition to the District Attorney, the arresting law enforcement agency, and the clerk of the court.
5. Court Decision: The District Attorney and victim have 45 days to object; if granted, the court issues an order expunging all records, including any jury selection materials.

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Frequently Asked Questions (FAQ)

Q: Is a reckless driving conviction automatically expunged after a certain time?

A: No. Expungement is not an automatic process. You must file a formal Petition for Expungement in the Circuit Court after meeting the required waiting period (e.g., three years for a conviction) and fulfilling all sentence requirements.

Q: Does expungement seal records related to jury selection?

A: Yes. An expungement order in Alabama is comprehensive, deeming the entire proceeding “never to have occurred”. This order requires the court and all relevant agencies to expunge “all records,” which includes the jury selection (voir dire and striking) documents tied to that specific case number.

Q: Where do I file the petition?

A: The petition must be filed in the criminal division of the Circuit Court in the county where the charges were originally filed, which may be different from the court where the case was initially heard.

Q: Can the District Attorney object to my reckless driving expungement?

A: Yes. The District Attorney has a 45-day period after being served to file a written objection to the expungement petition. If an objection is filed, the court will typically set a hearing to decide the matter.

Q: What is the benefit of expungement?

A: Once expunged, you are generally not required to disclose the charge on applications for employment, credit, or housing, and the court/agencies are mandated to report that no public record of the matter exists.

Disclaimer

*AI-Generated Content and Legal Advice Disclaimer:* This blog post was generated by an artificial intelligence model based on public information and is intended for informational purposes only. It does not constitute legal advice. Alabama expungement law (Code of Alabama 1975, Section 15-27, as amended by acts like the REDEEMER Act) is complex and subject to change. Always consult with a qualified Alabama Legal Expert to discuss the specifics of your case and your eligibility for record expungement or sealing.

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