HB28 Alabama 2017 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2017

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

HB28 would expand expungement to include certain convictions and youthful offender cases, and raise the filing fee for expunging convictions.

What This Bill Does

It would allow people to petition to expunge not only dismissed charges but also certain convictions (misdemeanor, traffic, municipal violations, and some Class C and Class D felonies including youthful offender) under limited conditions. For misdemeanors and youthful offender convictions, eligibility requires completion of the sentence, a waiting period after conviction (three years), and not having certain disqualifying offenses or active charges. For Class C and Class D felonies, eligibility requires a five-year waiting period after conviction, no prior felonies, and not having violent, sex, or domestic-violence offenses, among other conditions. It also raises the filing fee for expungement of convictions to $500 (while keeping $300 for expungement of charges) and sets how those fees are distributed; it would still allow indigent petitioners to request a payment plan.

Who It Affects

• Individuals who have been charged with misdemeanors, traffic violations, or municipal ordinance violations, or who have Class C or Class D felonies (including youthful offender adjudications), and who meet the specified criteria, may petition for expungement.
• Criminal justice agencies and officials (courts, district attorneys, law enforcement, the Alabama Criminal Justice Information Center, and the Department of Forensic Sciences) would process petitions, collect and distribute fees, notify applicable parties, and archive expunged records.

Key Provisions

• Expanded expungement eligibility to include convictions for misdemeanor offenses, traffic violations, municipal violations, and certain Class C and Class D felonies, including youthful offender adjudications, under limited conditions.
• Misdemeanor/youthful offender expungement criteria: completion of sentence, a waiting period of three years after conviction, and absence of disqualifying offenses (e.g., violent felonies, sex offenses, domestic violence) or active charges; may be granted as a court-ordered condition of certain programs.
• Class C/D felony expungement criteria: five-year waiting period after conviction, no prior felony, and not a violent felony, sex offense, or domestic violence offense; no pending charges; eligibility under specified conditions.
• Petition process and notice: requires sworn statements and official records; district attorney and law enforcement agencies are notified; victims may be notified with a 45-day period to object to the petition.
• Fees and funding: $500 administrative fee for expungement of convictions and $300 for expungement of charges; fees are allocated to various funds; indigent petitioners may request a payment plan.
• Post-expungement handling: expunged records are removed from court and most agency records and archived by the Alabama CJIC; records are sealed from public view with limited exceptions; not transmitted to the FBI, except as described; civil suits may access expunged records as provided.

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