SB276 Alabama 2013 Session

Summary

Primary Sponsor

Jimmy Holley

Republican

Session

Regular Session 2013

Title

Criminal history records, expunction authorized upon court order for certain offenses, Public Safety Department required to issue certificates of eligibility, procedures, penalties

Summary

SB276 would allow certain people to petition for expungement of criminal records after obtaining a certificate of eligibility from the Department of Public Safety, with specific offenses and procedures outlined.

What This Bill Does

It lets a person charged with certain misdemeanors and felonies petition a court to expunge all records related to the charge in the place where filed, but only after receiving a certificate of eligibility. The certificate must be issued by the Department of Public Safety and is valid for 12 months. The bill also lists offenses that cannot be expunged and sets procedural steps for petitions, court orders, and how records are handled, destroyed, or kept confidential; it includes penalties for providing false information and notes the act’s relation to local-fund requirements and its effective date.

Who It Affects

• Individuals charged with eligible misdemeanors or felonies who want their records expunged (subject to eligibility and court approval).
• Law enforcement agencies (must expunge records when ordered and respond to petitions; forward orders to DPS and the FBI).
• The Department of Public Safety (issues certificates of eligibility, maintains certain records, and oversees the expunction process).
• District attorneys or prosecutors (must provide required statements and respond to petitions).
• Educational and licensing bodies (such as Department of Education, school boards, and seaports) may receive information about expunged records for limited purposes; others may have restricted disclosure of expunged-record information.

Key Provisions

• Authorizes expunction for minors or adults for certain misdemeanors and felonies, with a court-directed expunction, except for a list of disqualifying offenses (violent felonies, certain sex offenses involving a minor, terrorism-related offenses, domestic violence, drug trafficking, etc.).
• Requires a certificate of eligibility for expunction from the Department of Public Safety, valid for 12 months, with procedures to obtain and renew it as set by the department.
• Establishes eligibility criteria for the certificate, including no indictments that resulted in a trial for the charges, disposition documentation, no disqualifying offenses, and no prior expunctions or ongoing supervision related to the arrest.
• Outlines petition procedures: the petitioner must attach the certificate and a sworn statement of eligibility, and service of the petition on the appropriate district attorney and arresting agency; courts may expunge records and specify the scope of expunction (one arrest or multiple related arrests).
• Describes how expunged records are treated: destroyed or obliterated by agencies, with DPS retaining the record; expunged records are confidential and not publicly disclosed except for specified licensing or employment purposes; informs agencies of compliance and allows limited notation of expungement.
• Imposes penalties for providing false information on sworn statements (Class C felony).
• States the bill is exempt from local-fund requirements under Amendment 621 because it defines a new or amended crime; specifies the act’s 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