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Expunging Alabama Reckless Driving Charges: The Law

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Navigating the expungement of a reckless driving charge in Alabama is complex. Learn the critical difference between convictions and non-convictions, the waiting periods, and the step-by-step process required under the Code of Alabama § 15-27.

Decoding Alabama Reckless Driving Expungement

A charge of reckless driving in Alabama, codified under Title 32, Chapter 5A, Article 9, is a serious matter. As a misdemeanor offense, a conviction can lead to jail time, hefty fines, and a suspended license, leaving a lasting mark on your criminal record. However, life circumstances can change, and many individuals seek a fresh start by having their records expunged.

Alabama’s expungement law, primarily found in the Code of Alabama § 15-27, has evolved, notably with the REDEEMER Act (Act 2021-286), to allow for the expungement of certain misdemeanor convictions, non-violent felonies, and violations. This legislative move aimed to provide relief for non-violent offenders who have turned their lives around. While this expansion is promising, eligibility for expunging a reckless driving incident depends critically on one factor: the ultimate resolution of your case.

The Crucial Distinction: Conviction vs. Non-Conviction

When considering expungement in Alabama, the law draws a sharp line between records related to charges that did not result in a conviction and records of actual convictions. This distinction is the single most important factor for reckless driving cases.

Eligibility for Non-Conviction Records

If your reckless driving charge did not end in a conviction, you are generally eligible to petition for expungement, provided a specific waiting period has passed and other requirements are met. This includes situations where the charge was classified as a misdemeanor, violation, or traffic violation.

A reckless driving charge is eligible for expungement when:

The charge was dismissed with prejudice, and at least 90 days have passed.
You were found not guilty of the charge, and at least 90 days have passed.
The charge was “no billed” by a grand jury, and at least 90 days have passed.
The charge was “nolle prossed” (dropped) without conditions, and more than 90 days have passed without the charge being refiled.
The charge was dismissed after the successful completion of a court-approved diversion program, such as drug court or veteran’s court, and one year has passed since completion.
The charge was dismissed without prejudice, and at least two years have passed without the charge being refiled, and you have not been convicted of any other felony, misdemeanor, or non-minor traffic violation in the previous two years.

Waiting Periods for Non-Conviction Cases

The time you must wait before filing your petition depends entirely on the disposition of your case:

Case Resolution	Waiting Period	Alabama Code Reference
Acquittal, Dismissed with Prejudice, No-Billed	90 days	§ 15-27-1(a)(1), (2), (3)
Successful Completion of Diversion Program	1 year from completion date	§ 15-27-1(a)(6)
Dismissed without Prejudice	2 years	§ 15-27-1(a)(7)

Why a Reckless Driving Conviction is Excluded

The greatest hurdle for expunging a reckless driving record comes if the charge resulted in a conviction. Even under the expanded eligibility of the REDEEMER Act for misdemeanor convictions, the law contains specific exclusions.

CRITICAL EXCLUSION:

Alabama Code § 15-27-1(b) and related statutes explicitly state that a person convicted of a misdemeanor or traffic violation is NOT eligible for expungement if the conviction is a serious traffic offense.

Reckless driving, along with offenses like DUI, is classified as a serious traffic offense under Article 9 of Chapter 5A of Title 32 of the Alabama Code. Therefore, a conviction for reckless driving generally remains a permanent part of your criminal record.

If you were convicted of reckless driving, your only path to having your rights restored or your record officially recognized as cleared may be through obtaining a Certificate of Pardon with restoration of civil and political rights from the Alabama Board of Pardons and Paroles. A pardon is an executive act of forgiveness and does not automatically expunge the record, though it is a significant step toward moving past a conviction.

The Alabama Expungement Process in Brief

For those who are eligible (i.e., those whose charges were dismissed or resolved in their favor), the process requires filing a formal petition in the Circuit Court of the county where the original charges were filed.

TIP: Essential Documents to Gather

A certified copy of your criminal history record from the Alabama Law Enforcement Agency (ALEA).
A certified copy of the case action summary or disposition showing the case’s final resolution (e.g., dismissal, not guilty verdict).
Proof that all court-ordered amounts—fines, fees, and restitution—have been paid in full.
A sworn affidavit confirming you meet all statutory requirements.

Once you file the Petition for Expungement of Records (available from the Alabama Office of Administrative Courts) and pay the mandatory $500 administrative filing fee (per arrest incident), the court will notify the District Attorney’s office and any victims.

The prosecutor has a period of 45 days to file a written objection. If an objection is filed, the court will likely set a hearing. Otherwise, the judge may rule on the petition without a hearing. The final decision rests entirely with the Circuit Court Judge. If the expungement is granted, the records related to the charge are legally treated as if the incident never occurred, relieving you of the duty to disclose it on most employment, credit, or housing applications.

Case Spotlight: Non-Conviction Success

A hypothetical case involves a driver charged with reckless driving whose case was ultimately dismissed with prejudice following negotiations. Because the case resolution was a dismissal and not a conviction, the driver met the core expungement eligibility requirement. After the mandatory 90-day waiting period and the payment of all associated court fees, the individual filed a petition for expungement in the Circuit Court. Despite the original charge being a serious traffic offense, the final non-conviction status allowed the court to grant the expungement, clearing the record of the original arrest and charge.

Summary of Key Takeaways

Navigating Alabama’s expungement law requires precision and a deep understanding of the statute’s exclusions. To simplify the complexity, here are the most important points:

The charge’s final outcome is everything. A reckless driving charge is only eligible for expungement if it did not result in a conviction (e.g., dismissed, acquitted).
A conviction for reckless driving is statutorily excluded from expungement because it is classified as a “serious traffic offense” under Title 32.
Waiting periods apply even for eligible non-conviction cases, ranging from 90 days (for acquittals/dismissals with prejudice) to two years (for dismissals without prejudice).
The process requires filing a formal petition, paying a $500 fee, and securing a final order from the Circuit Court Judge.
It is highly recommended to consult with a qualified Legal Expert due to the complexity of the filing requirements, evidence, and the potential for a prosecutor’s objection.

Clear Your Record: Act on Your Eligibility

If your reckless driving charge was dismissed, acquitted, or otherwise favorably resolved, you have a legal opportunity to clear your public record. Expungement is not automatic; it requires careful documentation and adherence to Alabama’s strict statutory timelines and filing procedures. Do not let an old charge continue to impact your employment, housing, or future prospects. Confirm your eligibility and take the necessary steps with the guidance of a skilled Legal Expert.

Frequently Asked Questions (FAQ)

Q: Can I expunge a conviction for reckless driving in Alabama?

A: Generally, no. Alabama law excludes convictions for “serious traffic offenses,” which includes reckless driving, from expungement eligibility, even after the passage of the REDEEMER Act.

Q: How long do I have to wait to file an expungement petition?

A: The waiting period depends on the case outcome. For charges dismissed with prejudice or acquittals, the wait is 90 days. For charges dismissed without prejudice, the wait is two years. For successful completion of a diversion program, the wait is one year from completion.

Q: Where do I file the petition for expungement?

A: The petition must be filed in the criminal division of the Circuit Court in the county where the original charges were filed.

Q: What is the filing fee?

A: The administrative filing fee is $500 per arrest incident. This fee is non-refundable and is in addition to any other court costs.

Q: What happens if the prosecutor objects?

A: If the prosecutor objects within the 45-day period, the Circuit Court Judge will likely set a hearing to review the evidence and arguments before making a final decision on whether to grant the petition.

Important Disclaimer and AI Generation Note

Disclaimer:

This blog post provides general information and does not constitute formal legal advice. Alabama law concerning expungement is complex, continually subject to legislative changes (such as the REDEEMER Act), and is highly fact-specific to your individual case. You should not rely on this content as a substitute for professional counsel. Always consult directly with an experienced Alabama Legal Expert to review your specific criminal record and determine your expungement eligibility.

This content was generated by an AI assistant.

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