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AL SB470
Bill
Status
2/23/2010
Primary Sponsor
Rodger Smitherman
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AI Summary
SB 470 Summary
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Authorizes persons charged with misdemeanor offenses to petition courts to expunge criminal records when charges are dismissed with prejudice, no-billed by grand jury, or result in acquittal.
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Requires petitioner to file sworn statement, serve prosecuting authority with 45-day objection period, and pay $75 administrative fee ($25 each to district attorney, court clerk, and Alabama Department of Public Safety).
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Allows indigent petitioners to apply for hardship status and request payment plans for filing fees.
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Permits courts to hold hearings on objections and consider factors including offense nature, circumstances, petitioner's age, rehabilitation evidence, and criminal history before granting or denying petitions.
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Upon expungement approval, courts must order destruction of all records within 120 days; petitioner is not required to disclose the expunged record on employment, credit, or other applications.
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Becomes effective on the first day of the third month following passage and gubernatorial approval.
Legislative Description
Misdemeanor offenses, petition for expungement of records authorized under certain conditions, procedures
Crimes and Offenses
Last Action
Read for the first time and referred to the Senate committee on Judiciary
2/23/2010