SB470 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

Summary

SB470 would authorize expungement of misdemeanor records for defendants not convicted and set up the petition process, fees, and local-funding considerations.

What This Bill Does

It allows a person charged with a misdemeanor who was not convicted to petition the court to expunge all records related to the charge. The bill sets the filing requirements, a $75 administrative fee, and a hearing process with factors the court may consider. If granted, the court orders destruction of records, and the proceedings are treated as if they never happened. It also ties the bill to local funding rules under a constitutional provision that may require a 2/3 vote or local approval for local expenditures.

Who It Affects

• Individuals charged with misdemeanor offenses who were not convicted, who may petition for expungement and face potential fees and a hearing.
• Local governments, prosecutors, courts, and law enforcement agencies that maintain records and may incur costs, plus victims who must be notified and can object.

Key Provisions

• Allows expungement of misdemeanor records under specified dismissals or not guilty verdicts (Section 1).
• Defines petition process, sworn statement, service to prosecutor, victim notification, and a 45-day objection window (Section 2).
• Imposes a $75 filing fee with designated fee distribution and allows indigent status with a payment plan (Section 3).
• Hearing procedures with evidence rules and factors the court may consider before granting expungement (Section 4).
• Requires destruction of expunged records and deems the case never to have occurred; forbids disclosure (Section 5).
• Expands the definition of 'record' to include various arrest-related data (Section 6).
• Effective date and local-funding implications under Amendment 621, requiring a 2/3 vote or local approval/appropriation (Section 7).

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