HB77 Alabama 2012 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2012

Title

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

Summary

HB77 would let people charged with or convicted of certain offenses petition to expunge or seal their arrest, charge, or conviction records under defined conditions.

What This Bill Does

It creates a petition process to expunge records for misdemeanor, violation, or traffic offenses, and for certain felonies, when specific conditions are met (such as dismissal with prejudice, not guilty findings, or post-program dismissals). It sets eligibility criteria (time passed, completion of probation, no violent or sex-offense convictions, and other limits) and requires filing, notice to victims, and potential court hearings. If a petition is granted, records are destroyed or sealed and treated as if they never happened, with timelines for agencies to finalize the expungement and restrictions on disclosure. The bill also imposes a $600 filing fee (with indigent relief options) and requires restitution and court costs to be paid before an expungement order can be granted; it includes a note about how the local-funds rule in Amendment 621 would apply or be exempt for this bill.

Who It Affects

• Individuals charged with misdemeanor offenses, violations, or traffic violations, or individuals convicted of those offenses, who may petition to expunge or seal their records if they meet the specified conditions.
• Prosecuting authorities, courts, law enforcement agencies, and state agencies (such as the district attorney's offices, DPS, and the Alabama Crime Victim's Compensation Commission) that process petitions, notify victims, collect fees, and carry out expungement or sealing orders.

Key Provisions

• Provision 1: Establishes the petition process and eligibility for expungement or sealing of records for misdemeanors, violations, traffic offenses, and felonies, with detailed conditions (e.g., dismissal with prejudice, not guilty, time-based waiting periods, and limits on prior offenses).
• Provision 2: Outlines consequences of grant (destruction or sealing of records, agency certifications, notice to victims, required restitution and costs, and restrictions on future disclosure) plus filing fees, indigent relief, hearing procedures, and the bill's relation to Amendment 621 local-funds rules.

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