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AL SB276

Bill

Status

Introduced

2/28/2013

Primary Sponsor

Jimmy Holley

Click for details

Origin

Senate

Regular Session 2013

AI Summary

SB276 Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary2/28/2013

Full Bill Text

No bill text available