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AL HB56
Bill
Status
2/5/2013
Primary Sponsor
Christopher England
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AI Summary
HB56 Summary
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Authorizes persons charged or convicted of certain felonies, misdemeanors, violations, or traffic violations to petition courts to have records expunged or sealed under specific circumstances.
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For dismissed charges or not guilty verdicts, records are destroyed; for qualifying convictions, records are sealed and removed from public disclosure after probation/parole completion and specified waiting periods (3 years standard, 5 years for domestic violence convictions).
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Establishes a $500 administrative fee per petition, distributed to the Fair Trial Tax Fund ($275), prosecutor's office ($50), court clerk ($50), Department of Public Safety ($50), Criminal Justice Information Center ($50), and Crime Victim's Compensation Commission ($25).
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Requires prosecuting authorities to notify victims of expungement petitions and provides a 45-day period to file objections; courts may hold hearings to consider factors including offense severity, rehabilitation evidence, and victim impact before granting petitions.
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Bars expungement unless all court-ordered restitution, fines, and court costs are paid in full; indigent persons may petition for payment plans; becomes effective three months after passage.
Legislative Description
Criminal charges or convictions for certain felony or 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 House of Representatives committee on Judiciary
2/5/2013