AL HB497

Amends Section 15-27-2 of the Alabama Code to expand eligibility for criminal record expungement to include all felony offenses, including violent offenses, when charges are subject to a successful malicious or frivolous prosecution civil claim.

Establishes new subsection (b) allowing persons charged with any felony offense (including violent offenses) to petition circuit court for expungement if they obtain a final judgment in a malicious or frivolous prosecution case proving: (a) prosecution was instituted or continued with malice and without probable cause, (b) prosecution was terminated in their favor, and (c) damages were caused to them.

Maintains existing subsection (a) limiting non-violent felony expungement to cases involving dismissal with prejudice, grand jury no-bill, acquittal, successful completion of diversion programs, or dismissal without prejudice after five years with no subsequent convictions.

Circuit courts retain exclusive jurisdiction over all expungement petitions filed under either subsection.

Becomes effective on the first day of the third month following passage and gubernatorial approval.