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

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 1 yearup to $6,000
For details, see Ala. Code § 13A-5-7
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Terms Used In Alabama Code 12-26-6

(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.
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