HB56 Alabama 2013 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2013

Title

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

Summary

HB56 would allow people charged with or convicted of certain offenses to petition to expunge their arrest, charge, or conviction records under defined conditions, with a set process and fees.

What This Bill Does

If enacted, the bill lets individuals petition to expunge records for misdemeanor offenses, violations, or traffic offenses, and separately for certain convictions or felonies, under specific eligibility criteria. It establishes time-based and condition-based requirements (such as completion of probation, time since conviction, absence of violent or sex offenses, and restitution payment), plus notice and potential hearings. It requires destruction or sealing of records upon grant, outlines agency certification timelines, and states that expunged proceedings are treated as never having occurred; it also clarifies the bill’s relation to local-funding rules and imposes a $500 filing fee, with options for indigent applicants.

Who It Affects

• Individuals charged with misdemeanor offenses, violations, or traffic violations who seek expungement under conditions like dismissal, no bill, or not guilty findings.
• Individuals convicted of misdemeanor offenses, violations, traffic offenses, or certain felonies who seek expungement after meeting criteria such as completed probation, waiting periods, no violent or sexual offense convictions, and restitution payment.

Key Provisions

• Authorizes expungement petitions for misdemeanor offenses, violations, or traffic violations under specified circumstances (e.g., dismissal with prejudice, no bill, not guilty, or certain time-based conditions with no recent convictions).
• Allows expungement of certain convicted records after meeting criteria: completion of probation/parole, time since conviction (3 years; 5 years for domestic violence third degree), no violent felony or sex offenses, not a sex offender, not CDL-related at time of offense, and no CFR 383.51 offenses.
• Allows expungement of felony charges under conditions such as dismissal with prejudice, no bill, not guilty, dismissal after completion of certain programs, or dismissal without prejudice with no refiling in the past five years.
• Requires petition to include a sworn statement; requires 45 days for prosecutors to object; prosecutors must notify victims and may object in writing.
• Imposes a $500 administrative filing fee with specified distribution to several funds and offices; indigent applicants may request a hardship-based payment plan.
• If objections are filed, the court may hold a hearing and consider factors like offense seriousness, circumstances, age, rehabilitation, and probation history; if no objections, the court may rule on the petition without a hearing.
• Upon grant, requires destruction or sealing of all related records and agency certifications within set timelines; after expungement, records are treated as non-existent for inquiries and employment applications.
• Expunged records may be inspected only under court-ordered conditions or for legitimate law enforcement purposes; certain records can be inspected by the defendant to check witnesses’ expungement status.
• Restitution and other court-ordered payments must be paid in full before an expungement may be granted (absent indigency).
• Defines included records (arrest records, photos, index references, etc.) and preserves certain investigative files; clarifies exemptions from standard local-funding rules ( Amendment 621) by stating the bill is a standalone expungement measure.
• Effective date: becomes law 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