SB178 Alabama 2010 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

Democrat

Session

Regular Session 2010

Title

Misdemeanor offenses, petition for expungement of records authorized under certain conditions, procedures (2010-20690)

Summary

SB178 would let people charged with or convicted of certain offenses petition to expunge their arrest, charge, or conviction records in specific circumstances, with a court process and after paying a fee.

What This Bill Does

It allows individuals charged with or convicted of certain misdemeanors, felonies, violations, or traffic offenses to petition the court where the case was filed or where the conviction occurred to have records expunged, under conditions like dismissal with prejudice, no grand jury indictment, or a not guilty finding. The petition must include a sworn statement, be served on the prosecutor, and notify the victim, who can object within 45 days; if there is no objection, the petition may be granted. A $75 administrative fee is paid when filing, with portions going to the prosecuting authority, the court clerk, and the Department of Public Safety; indigent petitioners may request hardship status and a payment plan. If granted, the court will order destruction of all expunged records, and the proceedings will be treated as never having occurred, with agencies required to certify completion within 120 days.

Who It Affects

• Individuals charged with or convicted of qualifying misdemeanors, felonies, violations, or traffic offenses who meet the listed conditions and may petition to expunge their records.
• Criminal justice agencies (district/municipal attorneys, courts, law enforcement, DPS) and victims who participate in the process through notice, objections, hearings, record destruction, and certification requirements.

Key Provisions

• Eligibility for expungement: can petition when the charge is dismissed with prejudice, when not billed by a grand jury, or when the person has been found not guilty.
• Petition process: sworn statement; service on the prosecutor; victim notified and given right to object; 45-day window for objections.
• Filing fee and indigent relief: $75 filing fee with distributions to the prosecutor's office, court clerk, and DPS; option for indigent status with a hardship affidavit and possible payment plan.
• Hearing and decision: hearings can be held with factors considered (nature of offense, circumstances, age, rehabilitation, etc.); evidence rules apply; petition granted if petitioner meets requirements; first case may set precedent for additional cases.
• Destruction and after-effects: upon grant, destroy all related records; agencies certify completion within 120 days; proceedings deemed never to have occurred; expunged individuals need not disclose the record in most applications.
• Scope of records: includes arrest records, photos, index references, and other related data, whether documentary or electronic.
• Effective date: law takes effect on the first day of the third month after passage and governor's approval, with local expenditure considerations referenced under Amendment 621.

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