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AL SB252

Bill

Status

Introduced

2/26/2013

Primary Sponsor

Robert Ward

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Origin

Senate

Regular Session 2013

AI Summary

  • Allow persons charged with misdemeanor offenses to petition courts to expunge records when charges are dismissed with prejudice, no-billed by grand jury, or resulting in acquittal.

  • Require petitioners to file sworn statements and serve the prosecuting authority; prosecutors have 45 days to object or the petition is deemed consented to.

  • Impose $75 administrative fee at filing, distributed as $25 each to district/municipal attorney's office, court clerk's office, and Alabama Department of Public Safety; indigent petitioners may request payment plans.

  • Grant courts discretion to hold hearings considering factors including offense nature, circumstances, petitioner's age, rehabilitation evidence, and criminal history; courts may grant petitions without hearing if no objection is filed.

  • Require courts to order destruction of all records upon granting expungement, with agencies certifying completion within 120 days; expunged records deemed never to have occurred and petitioner need not disclose the matter on employment or credit applications.

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

2/26/2013

Committee Referrals

Judiciary2/26/2013

Full Bill Text

No bill text available