HB38 Alabama 2013 Session

Summary

Primary Sponsor

Ron Johnson

Republican

Session

Regular Session 2013

Title

Harassment, crime of, expungement of record of conviction under certain conditions

Summary

The bill would let someone convicted of misdemeanor harassment petition to expunge their related records under specific conditions, and it raises local-funding considerations under Alabama’s constitutional rules.

What This Bill Does

It authorizes expungement of records for a misdemeanor harassment conviction if probation or parole has been completed, or if at least one year has passed since the conviction. It creates a petition process where the person must provide a sworn statement, notify the prosecutor and the victim, and wait up to 45 days for objections; the court may hold a hearing to decide. It requires a $100 administrative fee to be distributed to several offices, and allows an indigent petitioner to request hardship status and a payment plan. If the petition is granted, the court orders destruction of all related records, and the proceedings are treated as if they never occurred. The bill notes that its implementation could involve new or increased local expenditures, triggering the constitutional voting and approval requirements for local-fund changes.

Who It Affects

• People convicted of the misdemeanor harassment offense who could petition to expunge their records after meeting the specified conditions.
• Prosecutors, victims, courts, law enforcement agencies, and related state entities involved in filing, objecting, hearing, and carrying out expungement, as well as indigent petitioners who may request hardship status and payment plans.

Key Provisions

• Allows expungement of records for the misdemeanor harassment conviction after probation/parole completion or one year after conviction.
• Establishes a petition process: sworn statement by petitioner, service to the prosecuting authority, victim notice, and a 45-day window for objections; hearings may be held if objections are filed.
• Imposes a $100 administrative filing fee with specified distribution: to the prosecutor's office, court clerk, and two state agencies (DPS and CJIC); provides for indigent status with a hardship affidavit and potential payment plan.
• If granted, requires destruction of all records in the court and other agencies and declares the proceedings as if they never occurred with no disclosure upon inquiry.
• Acknowledges that implementing the bill may require new or increased local expenditures, triggering Amendment 621 provisions that require a 2/3 legislative vote or local approval or state funding for such costs.

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