SB252 Alabama 2013 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2013

Title

Misdemeanor offenses, petition for expungement of records authorized under certain conditions, procedures

Summary

SB252 would let people charged with a misdemeanor petition to expunge records if they were not convicted, while also noting that implementing the bill could involve new local funding requirements under Alabama’s constitutional rules.

What This Bill Does

It authorizes a person charged with a misdemeanor to petition the court in the county or municipality where the charges were filed to expunge all records if they have not been convicted (circumstances include dismissal with prejudice, no bill by a grand jury, or a not guilty verdict). The petition must include a sworn statement, and the prosecuting authority and the victim must be notified; the prosecutor has 45 days to object, otherwise the petition can be granted without a hearing. The petition process imposes a $75 administrative fee, with distribution to the prosecuting authority, the court clerk, and the Alabama Department of Public Safety, and allows for indigent applicants to request hardship relief and a payment plan. If granted, all related records are destroyed and treated as never having occurred, and agencies must certify destruction within 120 days.

Who It Affects

• Individuals charged with misdemeanor offenses who were not convicted, who would have a new path to have their arrest and court records expunged if the specific conditions are met.
• Local government entities and public offices (courts, district/municipal attorneys, law enforcement, and DPS) involved in processing petitions, collecting the fee, notifying victims, possibly opposing petitions, and destroying records.

Key Provisions

• Section 1: Allows expungement for misdemeanors when the charge is dismissed with prejudice, no bill by grand jury, or the person is found not guilty.
• Section 2: Requires a sworn affidavit, notice to the prosecutor and victim, and a 45-day window for objections; defines petition procedure and notification.
• Section 3: Establishes a $75 administrative fee with specified distribution (DA/municipal attorney, court clerk, DPS) and provides indigent relief through hardship affidavits and potential payment plans.
• Section 4: Outlines hearing procedures if objections are filed, factors the court may consider, and that the court may grant the petition if criteria are met; allows for expedited relief if no objections are filed.
• Section 5: Upon grant, requires destruction of all records in custody of courts and other agencies within 120 days; treated as never having occurred and no disclosure on applications.
• Section 6: Defines 'record' to include arrest records, photos, index references, and related data.
• Section 7: Specifies the effective date as the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses