HB497 Alabama 2016 Session

Summary

Primary Sponsor

Alan BakerRepresentative

Republican

Session

Regular Session 2016

Title

Expungement of criminal records, expanded to include all felony offenses subject to a successful malicious prosecution civil claim, Sec. 15-27-2 am'd.

Summary

HB497 would expand Alabama's expungement rules to allow felony records, including violent felonies, to be expunged in certain cases, especially when the charge was the subject of a successful malicious or frivolous prosecution.

What This Bill Does

It changes Section 15-27-2 to broaden when felony records can be expunged. For non-violent felonies, it keeps existing options like dismissal with prejudice, no bill, not guilty, and certain program completions or long-ago dismissals with no recent offenses. For violent felonies, it creates a new path: expungement is allowed if there is a final judgment in a malicious or frivolous prosecution showing malice, lack of probable cause, and damages. The circuit court's criminal division would handle these petitions, and the law would take effect after governor approval.

Who It Affects

• Individuals charged with non-violent felony offenses who want to have their records expunged under the current listed conditions
• Individuals charged with violent felony offenses who are the subject of a successful malicious or frivolous prosecution civil claim and seek expungement

Key Provisions

• Expands expungement eligibility to all felony charges, including violent offenses, when the charge is the subject of a successful malicious or frivolous prosecution claim.
• For non-violent felonies, retains existing expungement options: dismissal with prejudice; no bill; not guilty; completion of specified programs after one year; long-ago dismissal without refile and no offenses in five years; and a 90-day period after dismissal with no refiling.
• For violent felonies, adds a new path to expungement if a final judgment proves malice, absence of probable cause, and damages in a malicious or frivolous prosecution.
• Circuits court in the county where the charges were filed has exclusive jurisdiction over these petitions.
• Effective date: the act takes effect on the first day of the third month after governor 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