SB359 Alabama 2010 Session

Summary

Primary Sponsor

J.T. WaggonerSenator

Republican

Session

Regular Session 2010

Title

Misdemeanor offenses, petition for expungement of records authorized under certain conditions, procedures

Summary

SB359 would let someone charged with a misdemeanor expunge their records if they were not convicted, while also triggering higher local government funding considerations under Alabama's constitution.

What This Bill Does

The bill allows a person charged with a misdemeanor who has not been convicted to petition the court to expunge all records related to the charge under specific conditions (dismissed with prejudice, not billed by a grand jury, or found not guilty). It requires the petitioner to file a sworn statement and notify the prosecutor and the victim, who can object within 45 days. A $75 administrative fee is collected to be divided among the prosecutor's office, the court clerk, and the Department of Public Safety, with an option for indigent relief. If granted, the court orders destruction of all related records, and the proceedings are treated as never having occurred; the expunged person would not have to disclose the expungement on employment or credit applications. The act also defines what counts as a “record” and becomes effective several months after passage. The bill notes that expunging records would involve new or increased local government expenditures, potentially requiring a 2/3 vote or local approval unless funds are appropriated by the Legislature.

Who It Affects

• Individuals charged with a misdemeanor who were not convicted and could have their records expunged under the specified circumstances
• Local government entities and related agencies (courts, district attorney offices, police, and DPS) that would incur costs and must manage the expungement process and record destruction, as well as navigate the local funding requirements

Key Provisions

• Eligible circumstances for expungement: (1) charge dismissed with prejudice, (2) no bill by grand jury, or (3) found not guilty.
• Petition requirements: sworn statement by the petitioner, notification to the prosecuting authority and the victim, and a 45-day period for the prosecutor to object; a hearing may be held with specified factors considered by the court.

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