HB317 Alabama 2014 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Co-Sponsors

Darrio MeltonBarbara Bigsby Boyd

Session

Regular Session 2014

Title

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

Summary

HB317 would let people charged with or convicted of certain offenses petition courts to expunge their arrest, charge, or conviction records under defined conditions, with a filing fee and a formal process.

What This Bill Does

The bill enables expungement petitions for misdemeanors, violations, or traffic offenses when the charges were dismissed, not guilty, no bill, or not refiled within time limits. It also allows expungement after conviction for misdemeanors, violations, or traffic offenses if probation is completed, a waiting period has passed (three years, or five years for certain domestic violence cases), and there are no disqualifying convictions (like violent felonies or sex offenses). For felonies, expungement is available if the charge is dismissed with prejudice, no bill, not guilty, or dismissed after certain court programs, or dismissed without prejudice with no refile within five years. The process includes a $600 filing fee, victim notice, potential hearings, and, if granted, destruction or sealing of records with the records treated as never having occurred, subject to restitution and other conditions.

Who It Affects

• Group 1: People charged with misdemeanors, violations, or traffic offenses who meet the specified outcomes (dismissed with prejudice, no bill by grand jury, not guilty, or no refiling within the allowed time) and could have their related records expunged.
• Group 2: People convicted of violations, misdemeanors, traffic offenses, or felonies who meet required waiting periods and other criteria (such as completing probation, no disqualifying violent or sex offenses, and not holding certain statuses) and could petition to have their records expunged.

Key Provisions

• Section 1: Expungement for misdemeanors/violations/traffic offenses when the charge is dismissed with prejudice, no billed by grand jury, found not guilty, or dismissed without prejudice and not refiled within two years (excluding minor traffic).
• Section 2: Expungement after conviction for violations/misdemeanors/traffic if probation/parole is completed, three years have passed (five years for domestic violence in the third degree), no violent felony or certain sexual offenses, not a sex offender, not operating a commercial vehicle at the time, and not convicted under certain federal provisions.
• Section 3: Expungement for felony charges if dismissed with prejudice, no bill, not guilty, or dismissed after certain court programs; or dismissed without prejudice with no refiling within five years.
• Section 4: Petition must include a sworn statement; prosecutor must be notified and have 45 days to object; petitioner serves the petition on the prosecutor.
• Section 5: A $600 administrative fee is due at filing and distributed to multiple funds including Fair Trial Tax Fund, State General Fund, district/municipal attorney, court clerks, Victim's Compensation, and local law enforcement funds.
• Section 6: If there are objections, a hearing is held with factors the court may consider (offense nature, circumstances, date, age, isolation vs repetition, social conditions, rehabilitation, etc.).
• Section 7: If expungement is granted, records in court and other agencies are destroyed; agencies must certify completion within specified timeframes; after expungement, records are treated as never having occurred.
• Section 8: For convictions expungement, records may be sealed; after sealing, proceedings are treated as if they did not occur; the public generally cannot access the records, with limited inspection rights for law enforcement and the petitioner under defined conditions.
• Section 9: Defines 'record' to include arrest records, booking photos, index references, and related data in documentary or electronic form.
• Section 11: Expungement cannot be granted until restitution, court costs, fines, and similar payments to victims or Victim's Compensation are paid, unless the court finds indigence.
• Section 12: The bill is excluded from Amendment 621 local expenditure rules because it creates or changes crimes; it defines a new crime or amends existing crime definitions as part of its effect.
• Section 13: The act takes effect on the first day of the third month after its passage and governor’s 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