HB81 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

HB81 would let people petition to erase certain arrest, charge, or conviction records for specific offenses, with detailed eligibility rules and a local-funding requirement.

What This Bill Does

It authorizes individuals charged with or convicted of certain misdemeanors, violations, traffic offenses, or felonies to petition the court to expunge related records, including arrest records and photos. Eligibility varies by offense type: misdemeanors/violations/traffic offenses have several triggers (e.g., dismissal or not guilty), while felonies have time-based and conduct-based conditions, with stricter rules for Class C felonies. The bill also imposes a $600 filing fee, outlines destruction or sealing of records if granted, requires restitution and other costs to be paid, and ties implementation to a constitutional requirement for local funding approval.

Who It Affects

• Individuals charged with a misdemeanor, violation, or traffic offense who meet the criteria and wish to expunge related records.
• Individuals convicted of felonies or Class C felonies who meet the time-based and conduct-based eligibility criteria and seek expungement.
• Victims of offenses, who must be notified of petitions and can object within 45 days.
• Local governments and agencies, which may incur expenses and must adhere to the 2/3 vote local-funding provision to implement the bill.

Key Provisions

• Expungement authority for misdemeanors, violations, and traffic offenses (Sections 1 and 3) and felonies (Sections 1(b) and 3) under specified conditions.
• Class C felony expungement rules with longer waiting periods (Section 4) and comprehensive eligibility checks to prevent expungement for serious or listed offenses.
• Petition process requiring sworn statements, notice to prosecutors and victims, and a 45-day objection period; hearings may be held with evidence reviewed.
• Destruction or sealing of records upon grant; agencies must certify completion; records are treated as if the proceedings never occurred.
• Administrative filing fee of $600 with specified distribution to funds and offices; indigent status options and potential payment plans.
• Restitution, court costs, fines, and related fees must be paid in full before an expungement order can be granted.
• Local-expenditure provision tying the bill to Amendment 621; if not enacted with a 2/3 vote, local implementation requires approval by the local entity or funding from the Legislature.
• Effective date set for the first day of the third month after passage and governor approval.

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