City of Dothan v. McCardle

LYONS, Justice.

The City of Dothan (“the City”) has filed a petition for a writ of mandamus requesting that this Court direct the Houston Circuit Court to vacate its order directing that the criminal record of Rustin McCar-dle be purged. We grant the petition and issue the writ.

I. Factual Background and Procedural History

In December 2002, McCardle was charged with carrying a pistol without a license, in violation of § 13A-11-73, Ala. Code 1975. That section provides: “No person shall carry a pistol in any vehicle or concealed on or about his person, except on his land, in his own abode or…