Code of Alabama - Title 12: Courts - Section 12-26-6 - Petition for order of limited relief - Exceptions

Section 12-26-6 - Petition for order of limited relief - Exceptions.

(a) An individual may not file a petition to obtain an order of limited relief in any of the following circumstances:

(1) If the petitioner is serving a custodial sentence with more than six months remaining.

(2) If the petitioner is currently charged with a felony.

(3) If the petitioner is currently charged with a Class A misdemeanor that is alleged to have occurred within the past 12 months.

(b) An individual may not file a petition to obtain an order of limited relief if a separate petition covering the same conviction or convictions has been filed in another circuit.

(c) A court's rejection of a petition to obtain an order of limited relief on its merits shall be preclusive as to the related convictions for a period of two years, unless otherwise ordered at the court's discretion.

(Act 2019-464, §6.)

Last modified: May 3, 2021