HB27 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

This bill would allow people charged or convicted of certain offenses to petition to have their arrest, charge, or conviction records expunged, and it would trigger a local-funding rule under Alabama law.

What This Bill Does

It creates a process for petitioning to expunge records for misdemeanors, violations, traffic violations, and some felonies under specific conditions, with different waiting periods and disqualifications. It requires notice to prosecutors and victims, allows objections, and, if granted, orders destruction or sealing of records so the case is treated as if it never happened. It also imposes a $600 filing fee, restitution and court-cost payment prerequisites, indigent options, and outlines how agencies must certify completion; it includes the constitutional local-funding provision that may affect whether the bill can take effect locally.

Who It Affects

• Individuals charged with or convicted of certain misdemeanor offenses, violations, traffic violations, or felonies who may be eligible to petition for expungement under the bill's rules.
• Victims and prosecutors who must be notified of petitions and may object, and local governments due to the amendment requiring a 2/3 vote or state funding for local expenditures.

Key Provisions

• Eligibility and timing rules for expungement by offense type (Sections 1-4): different waiting periods after conviction (3, 5, or 7 years) and conditions; disqualifications for violent felonies and sex offenses involving minors; completion of probation/parole; no current disqualifying convictions.
• Expungement procedure, effects, and costs (Sections 5-12): sworn petition with penalty of perjury; notice to prosecutors and victims; 45-day objection window; court hearings or grant on record; destruction or sealing of records and agency certification; a $600 administrative fee with specified allocations; restitution and court costs must be paid before expungement; records are treated as never occurring after expungement; indigent options.

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