SB276 Alabama 2013 Session

Summary

Primary Sponsor

Jimmy Holley Senator

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

Description

Existing law does not authorize the criminal record related to a conviction or charge to be sealed or expunged if the person is convicted, found not guilty of a crime, or if the charges are dismissed.

This bill would authorize a person charged with certain misdemeanor and felony offenses to petition the court in the county or municipality in which the charges were filed to have all records relating to the charge expunged in certain instances.

This bill would require the person seeking expunction to obtain a certificate of eligibility from the Department of Public Safety.

This bill would provide procedural requirements for a person filing a petition to have records expunged and for law enforcement agencies required to expunge records and would provide for criminal penalties for certain violations.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. If this bill is not enacted by a 2/3 vote, it will not become effective with regard to a local entity unless approved by the local entity or until, and only as long as, the Legislature appropriates funds or provides for a local source of revenue.

Subjects

Crimes and Offenses