HB38 Summary

• Authorizes persons convicted of misdemeanor harassment under Alabama Code Section 13A-11-8 to petition for expungement of records if all probation and parole requirements are completed or one year has passed from the conviction date.

• Requires a $100 administrative assessment fee paid at petition filing, distributed as $25 each to the district/municipal attorney's office, court clerk's office, Alabama Department of Public Safety, and Alabama Criminal Justice Information Center.

• Allows prosecuting authorities 45 days to file written objections to expungement petitions; if no objection is filed, the court may grant the petition without a hearing.

• Upon granting expungement, requires destruction of all records held by courts and law enforcement agencies, with agencies certifying completion within 120 days; petitioner is not required to disclose the expunged record on employment, credit, or other applications.

• Requires a 2/3 legislative vote for effectiveness regarding local governmental entities due to potential new or increased expenditure of local funds under Alabama Constitutional Amendment 621.