HB27 Alabama 2011 Session

Summary

Primary Sponsor

Chris England Representative

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

Description

Existing law does not authorize the criminal record related to a charge to be sealed or expunged if the person is found not guilty of a crime or if the charges are dismissed or for a conviction record to be sealed or expunged.

This bill would authorize a person charged or convicted of certain felony or misdemeanor criminal offenses, a violation, or a traffic violation to petition the court in which the charges where filed or in which the conviction occurred to have his or her records expunged, including, but not limited to, arrest records, fingerprints, photographs, or index references in documentary or electronic form, relating to the arrest or charge, or both, and conviction in certain instances.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. If this bill is not enacted by a 2/3 vote, it will not become effective with regard to a local entity unless approved by the local entity or until, and only as long as, the Legislature appropriates funds or provides for a local source of revenue.

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Subjects

Crimes and Offenses