HB405 Alabama 2016 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2016

Title

Criminal records, expunged of, eligibility expanded to include add'l offenses and youthful offender adjudications, filing fees, distrib. of fees revised, Secs. 15-27-1, 15-27-2, 15-27-3,15-27-4, 15-27-6, 15-27-7, 15-27-8 am'd.

Summary

HB405 would expand expungement to include certain convictions for misdemeanors, traffic or municipal violations, and some Class C/D felonies (including youthful offender cases), and would raise the filing fee for conviction expungements.

What This Bill Does

It allows eligible individuals to petition the circuit court to erase records for certain misdemeanor, traffic, municipal violations, and Class C/D felony convictions under specific conditions. Eligibility requires time since conviction (3 years for misdemeanors; 5 years for Class C/D felonies), completion of probation or similar terms, and no disqualifying crimes such as violent felonies or sex offenses, among other limits. The bill changes filing fees to $500 for expunging convictions and $300 for expunging arrest records, with the money distributed to various funds and offices. It also outlines the petition process, including required documents, notifying the district attorney and agencies (and potential victim notification with a 45-day objection window), and, if granted, how expunged records are archived and treated as nonexistent except for limited law enforcement and regulatory access.

Who It Affects

• Individuals charged with misdemeanors, traffic violations, or municipal ordinance violations, and individuals convicted of those offenses or adjudicated as youthful offenders, who meet the specified conditions and may petition to expunge their records.
• Criminal justice system participants (district attorneys, law enforcement agencies, circuit court clerks, and the Alabama Criminal Justice Information Center) who process petitions, notify involved parties, and archive or restrict access to expunged records.

Key Provisions

• Expands eligible expungement to include misdemeanor, traffic, and municipal violations, plus certain Class C and Class D felonies, including youthful offender adjudications, under limited conditions.
• For misdemeanors and youthful offender convictions: require completion of all terms, 3 years since conviction, no prior violent felony or sex offense, no pending charges, and other restrictions; for Class C/D felonies: require 5 years since conviction, no prior felony, not violent or sex offenses, no pending charges, and other restrictions.
• Filing fees: $500 administrative fee for expunging convictions (and related records) and $300 for expunging arrest records or charged records; fees are distributed to specific funds and offices.
• Petition process: sworn statement by the petitioner, attached certified records, service on the district attorney and relevant agencies, potential victim notice and 45-day objection period, and a circuit court ruling to grant expungement.
• Record handling after expungement: agencies must archive and restrict access; expunged records are treated as if they never occurred in most contexts, with limited exceptions for regulatory/licensing, banking, or government inquiries; records may be shared with courts and for impeachment purposes under narrow conditions; not transmitted to the FBI national database.

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