SB108 Summary

• Authorizes persons charged with misdemeanor offenses, violations, traffic violations, or municipal ordinance violations to petition for expungement when charges are dismissed with prejudice, no-billed by grand jury, or person acquitted; or when dismissed without prejudice more than two years ago with no subsequent convictions.

• Authorizes persons charged with non-violent felony offenses to petition for expungement under similar circumstances plus after one year following successful completion of drug court, mental health court, diversion, veteran's court, or deferred prosecution programs; or five years after dismissal without prejudice with no subsequent convictions.

• Establishes $300 non-waivable administrative filing fee distributed to State Judicial Administrative Fund ($75), Department of Forensic Sciences ($25), district attorney ($50), clerk's office ($50), Public Safety Fund ($50), and local law enforcement ($50); allows indigent status application for payment plan.

• Upon expungement, courts must order destruction of records in custody of court and other agencies except district attorney and Board of Pardons files; expunged records digitally archived by Alabama Criminal Justice Information Center and protected from non-criminal justice use.

• Prohibits disclosure of expunged records under penalty of Class B misdemeanor; provides immunity for agencies unaware of expunged records; requires disclosure to government regulatory agencies, utilities, and financial institutions; exempts law enforcement applicants from protections; effective 90 days after passage.