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AL SB276
Bill
Status
2/28/2013
Primary Sponsor
Jimmy Holley
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AI Summary
SB276 Summary
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Authorizes courts to order expunction of criminal history records for minors and adults who obtain a certificate of eligibility from the Department of Public Safety and meet specified requirements.
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Prohibits expunction for violent felonies (capital murder, murder, manslaughter, rape, sodomy, attempted murder, assault, robbery), sex offenses involving minors, predicate sexual offender offenses, aggravated child abuse, terrorism, domestic violence offenses, chemical endangerment, and controlled substance manufacturing or trafficking.
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Requires applicants to obtain a 12-month certificate of eligibility from the Department of Public Safety by proving no charges were filed or charges were dismissed, no prior criminal convictions, and no pending expunction petitions before filing with the court.
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Establishes criminal penalties including Class C felony for knowingly providing false information on expunction petitions and Class A misdemeanor for unlawfully disclosing information about expunged records.
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Requires law enforcement agencies to physically destroy expunged records (except Department of Public Safety must retain them as confidential), with exceptions allowing record disclosure for law enforcement, employment with law enforcement, criminal prosecution, bar admission, education employment, and seaport authorization purposes.
Legislative Description
Criminal history records, expunction authorized upon court order for certain offenses, Public Safety Department required to issue certificates of eligibility, procedures, penalties
Crimes and Offenses
Last Action
Read for the first time and referred to the Senate committee on Judiciary
2/28/2013