SB108 Alabama 2014 Session

Summary

Primary Sponsor

Roger Bedford, Jr.

Democrat

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

SB108 would let people petition to erase certain past criminal records under specific conditions, with a detailed process and data handling rules.

What This Bill Does

The bill allows individuals charged with misdemeanors, violations, traffic violations, or municipal ordinance violations to petition for expungement if certain outcomes occurred (e.g., dismissal, no bill, not guilty) or after meeting time-based criteria. It also allows expungement for non-violent felonies under conditions such as program completion (drug court, mental health court, diversion, veteran's court, or deferred prosecution), long substantial gaps without refiled charges, or specific dismissal timelines. The process requires sworn statements, submission of official records, notice to the district attorney and police, and potential court hearings with factors listed for consideration. If granted, the court orders expungement of records from court and many other agencies, with archiving by the Alabama Criminal Justice Information Center and restrictions on access, while preserving certain regulatory disclosures and not automatically restoring firearm rights (which would require a pardon).

Who It Affects

• Individuals who have been charged with misdemeanor offenses, violations, traffic violations, or municipal ordinance violations and meet the specified expungement criteria.
• Criminal justice agencies, including prosecutors, law enforcement, the courts, and the Alabama CJIC, which must process petitions, manage fees, notify parties, archive expunged records, and enforce access restrictions.

Key Provisions

• Expungement eligibility for misdemeanors/violations: dismissal with prejudice, no bill by grand jury, not guilty, or dismissal without prejudice after specific time and clean prior record conditions.
• Expungement eligibility for felonies (non-violent): dismissal with prejudice, no bill, not guilty; or dismissal after program completion; or long-ago dismissals with no refile and no recent offenses; plus a 90-day post-dismissal window if not refiled.
• Petition requirements: sworn statement, certified arrest/disposition records, and notification to a district attorney and relevant agencies; objections from the DA or victim possible with a 14-day+ hearing window and listed factors.
• Financial aspects: a non-waivable $300 administrative filing fee with specified distribution to state funds, departments, and local law enforcement; indigency option with a payment plan.
• Expungement effects: orders remove records from court and many other agencies and require certification by agencies within 18 months; CJIC archives expunged records and restricts their use, with some exceptions for regulatory or governmental disclosures.
• Record handling and restrictions: expunged records are treated as never having occurred in most contexts, but certain disclosures to regulators, utilities, banks, or in government licensing can still occur; records are not transmitted to the FBI repository after expungement.
• Firearm rights: expungement does not automatically restore firearm rights; restoration requires a separate pardon.
• Misuse and immunity: intentional public disclosure of expunged content is a Class B misdemeanor; immunity protections apply to agencies and individuals handling expunged records under specified conditions.
• Reversal provision: if an expungement is granted under false pretenses, the order can be reversed and history restored.
• Oversight and reporting: annual legislative report on expungement requests and outcomes, with non-identifying data.

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