HB23 Alabama 2011 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2011

Title

Criminal charges or convictions for certain felony or misdemeanor offenses, petition for expungement of records authorized under certain conditions, procedures

Summary

HB23 would allow people charged or convicted of certain offenses to petition to expunge or seal their records under specific conditions, with a filing fee, court review, and consequences for the record-keeping agencies.

What This Bill Does

It lets someone charged with a misdemeanor, a violation, a traffic violation, or someone convicted of such offenses petition the court where the charges were filed or conviction occurred to have related records expunged. Expungement or sealing depends on specific circumstances, including whether the charge was dismissed (with prejudice or without prejudice), whether it was billed by a grand jury, or whether the person was found not guilty; for felonies, additional conditions apply, such as program dismissals and set time windows. Petitions require a sworn statement, victim notification, and potential 45-day objections from the prosecutor; hearings may be held with listed factors, and if granted, records are destroyed or sealed and treated as if the proceedings never happened; the petitioner may respond to employment or credit applications accordingly. A $600 filing fee is required, with designated distributions, and indigent applicants can seek a hardship status with a payment plan; restitution and court costs must be paid unless the court finds indigence.

Who It Affects

• People charged with misdemeanor offenses, violations, or traffic violations or convicted of these offenses who meet the required conditions can petition to expunge or seal their records.
• Victims, prosecutors, and government agencies are involved: victims are notified and may object; prosecutors review petitions and may file objections; agencies must process expungement or sealing and certify completion of actions; law enforcement and the Department of Public Safety are affected by changes in record-keeping and destruction/ sealing requirements.

Key Provisions

• Allows expungement of arrest records, fingerprints, photographs, and index references, as well as related conviction records, for misdemeanors, violations, traffic violations, or felonies under defined circumstances.
• Misdemeanor/violation/traffic expungement eligibility includes dismissal with prejudice, no grand jury indictment, a not guilty finding, or dismissal without prejudice with no refiled charges and no other convictions in the prior two years (excluding minor traffic violations).
• Felony expungement eligibility includes dismissal with prejudice, no grand jury indictment, a not guilty finding, dismissal after completion of a drug court/mental health court/diversion/deferred prosecution, or dismissal without prejudice with no other felony or listed offenses in the prior five years.
• Additional felony eligibility requires no violent felony conviction, no sexual offense involving a minor, not being a convicted sex offender, not operating a commercial vehicle requiring a CDL at the time of the violation, and not convicted of certain federally listed offenses (as defined in 49 CFR 383.51).
• Petitions must be filed in the court where the charges were filed or the conviction occurred and include a sworn statement under penalty of perjury.
• The prosecutor must be served and the victim must be notified; the victim has 45 days to file a written objection.
• A $600 administrative filing fee is required, with $300 to the Fair Trial Tax Fund, $75 to the prosecuting office, $100 to the court clerk, $25 to the Alabama Crime Victim's Compensation Commission, and $100 to the Department of Public Safety.
• Indigent petitioners can apply for hardship status and may receive a payment plan for the filing fee.
• If granted, the court orders destruction (expungement) or sealing of records and agencies must certify completion within specified timeframes; after expungement or sealing, the record is treated as never having occurred and is not disclosed on standard applications.
• Restitution and other court fees must be paid before expungement, unless the court finds the petitioner indigent; the act also governs limited inspection of expunged records and restricts future use of those records.
• The bill is excluded from further requirements under Amendment 621 because it creates or amends offenses, and the new law becomes effective on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses