SB188 Alabama 2010 Session

Summary

Primary Sponsor

Henry Eugene “Hank” Erwin Jr.

Republican

Session

Regular Session 2010

Title

Criminal records, automatic expungement when person fully exonerated of crime

Summary

This bill would automatically erase the criminal records of people who are fully exonerated of a crime.

What This Bill Does

If passed, the bill requires automatic expungement of a person’s record when they are fully exonerated of the offense as charged. It defines the term 'record' to include items such as arrest records, booking photos, index references, and other related data. It also allows law enforcement agencies and related authorities to maintain investigative files and evidence in their original form, meaning not everything would be erased. The law would take effect on the first day of the third month after it is passed and approved by the governor.

Who It Affects

• Individuals who were charged with a felony, misdemeanor, violation, or traffic violation and later fully exonerated.
• Law enforcement agencies, prosecuting authorities, and the Alabama Department of Forensic Sciences, which may continue to maintain investigative files and evidence.

Key Provisions

• Section 1(a): Automatic expungement of the record for individuals who were charged and fully exonerated.
• Section 1(b): Allows agencies and officials to maintain investigative files and related materials in their original form.
• Section 1(c): Defines 'record' to include arrest records, booking photos, index references, and other data related to the arrest or conviction.
• Section 2: The act becomes effective on the first day of the third month following its passage and governor's 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