HB483 Alabama 2010 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2010

Title

Criminal charges or convictions for certain felony or misdemeanor offenses, petition for expungement of records authorized under certain conditions, procedures

Summary

The bill would create a process for expunging or sealing certain arrest, charge, and conviction records for specific offenses, with detailed eligibility rules, fees, and procedures, and it includes related constitutional language about local expenditures.

What This Bill Does

It allows individuals charged with misdemeanors, violations, traffic violations, or certain felonies to petition to expunge or seal records under defined conditions. Eligibility depends on outcome (e.g., dismissal, not guilty, or completion of programs) and time since the event, with separate rules for misdemeanors/violations/traffic, convictions, and felonies. A $600 administrative fee is required (with indigent options), and prosecutors and victims are notified and can object. If granted, records are destroyed or sealed, proceedings are treated as never having occurred, and restricted disclosure and limited post-expungement inspection are allowed; restitution and court costs must be paid before expungement unless the person is indigent.

Who It Affects

• People who have been charged with misdemeanors, violations, traffic violations, or felonies and meet the specified criteria to petition for expungement or sealing.
• Victims and prosecuting authorities, who must be notified of petitions and may object, and courts and agencies that maintain arrest, charge, and conviction records.

Key Provisions

• Sections 1-3 establish eligibility for expungement/ sealing: Section 1 covers misdemeanors/violations/traffic violations; Section 2 covers offenses resulting in a conviction; Section 3 covers felonies, each with specific conditions and time requirements.
• Section 1 allows expungement if (1) charge was dismissed with prejudice, (2) no bill by grand jury, (3) found not guilty, or (4) dismissal without prejudice with no refiling and no new criminal convictions in the past two years (excluding minor traffic).
• Section 2 allows expungement of a conviction after (1) completion of probation/parole, (2) three years since conviction (five years for domestic violence in the third degree), (3) no violent felony or sex-offense convictions, (4) not a sex offender, (5) not operating a commercial vehicle requiring a CDL at the time, and (6) not convicted under certain listed federal offenses.
• Section 3 provides expungement for felonies under similar circumstances as Section 1, plus eligibility after successful completion of court-approved programs (drug court/mental health court/diversion/deferred prosecution) and a five-year look-back for time since conviction.
• Section 4 requires a sworn petition, service on the prosecutor, notice to the victim, and a 45-day window for objections; the court may hold a hearing with evidence and testimony.
• Section 5 imposes a $600 filing fee and specifies how funds are distributed; there's an option for indigent applicants to obtain a payment plan.
• Section 6-7 outline how hearings lead to expungement, including destruction/ sealing orders, agency certification deadlines, and that the record is deemed never to have occurred; affected individuals may not be required to disclose expunged records in certain applications.
• Section 8 details sealing of records if petition is granted under Section 2, including similar certification deadlines and limited post-expungement inspection rights.
• Section 11 requires payment of restitution, court costs, fines, and related fees before an expungement order unless the court finds indigency.
• Section 12 states the bill is excluded from certain local-expenditure rules under Amendment 621 because it defines or amends crime-related provisions, moving it outside those rules.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses