SB208 Alabama 2014 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2014

Title

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

Summary

SB208 creates a process to expunge certain criminal records, requires a Department of Public Safety certificate of eligibility, and sets rules and penalties for how expungement works and how records are handled.

What This Bill Does

It allows a person charged with certain misdemeanors or felonies to petition a circuit court to expunge records in specific cases, but excludes more serious offenses like violent felonies and sex offenses involving a minor. It requires the person to obtain a certificate of eligibility from the Department of Public Safety before filing and sets a 12-month validity for that certificate. If eligibility is satisfied, the person may petition the court, and if the court agrees, orders expunction and directs agencies to remove or seal records (with the FBI notified). The bill also establishes penalties for providing false information and restricts who can access or disclose expunged records, while clarifying destruction and confidentiality rules. It additionally notes that the bill is exempt from certain local-funding requirements related to Amendment 621 and takes effect on the first day of the third month after governor action.

Who It Affects

• Individuals (both minors and adults) who were charged with eligible misdemeanors or felonies and want their records expunged, provided they meet the eligibility criteria and obtain a DPS certificate.
• Law enforcement agencies, the Department of Public Safety, district attorneys/prosecutors, and the Federal Bureau of Investigation, which must process expunction orders, destroy or retain records as directed, and share information as required.

Key Provisions

• Expungement is allowed for minor or adult records related to certain offenses, but not for violent felonies, sex offenses involving a minor, terrorism-related offenses, domestic violence offenses, or drug distribution/manufacture/trafficking offenses, among others.
• Before petitioning, a person must obtain a certificate of eligibility for expunction from the Department of Public Safety, which will have a simple application process, no filing fee, and a 12-month validity.
• Eligibility criteria for the DPS certificate include: no filed charging document or dismissal of charges, disposition showing no trial results for related charges, no disqualifying offenses, no prior guilty adjudication for listed offenses, no prior expunction, and no current court supervision.
• A court may order expunction only for one arrest or incident, unless additional related arrests are specified in the order; the order must be served on the relevant district attorney and arresting agency, and the DPS and FBI must be notified of the expunction.
• Destroyed or sealed records must be handled with confidentiality; certain disclosures are allowed for licensing, employment, or other specific purposes, and improper disclosure can be charged as a Class A misdemeanor.
• The bill states it is exempt from Amendment 621 local-funding requirements because it creates or modifies a crime, or defines a new crime, thus not requiring a 2/3 vote for local expenditure.
• The act becomes effective on the first day of the third month after the governor signs it into law.

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