HR 515

HR515 194044-1 By Representative Daniels RFD: Rules First Read: 28-MAR-18 194044-1:n:03/27/2018:DSM*/th LSA2018-1561 URGING THE LEGISLATURE TO AMEND ALABAMA'S EXPUNGEMENT LAW TO ELIMINATE FEES FOR PEOPLE WHO HAVE BEEN ACCUSED OF COMMITTING CRIMES WHEN THERE IS AN UNEQUIVOCAL JUDICIAL FINDING ON THE RECORD THAT THE ARREST HAD NO FOUNDATION IN PROBABLE CAUSE. WHEREAS, the expungement law provides an avenue for people to have their criminal records expunged under certain circumstances; and WHEREAS, we further recognize that people who have been accused of committing crimes where there has been an unequivocal judicial finding on the record that the arrest had no foundation in probable cause, must incur expenses to have their criminal records expunged; and WHEREAS, under existing Alabama law, people must file an expungement petition for each charge that they want expunged; and WHEREAS, under existing Alabama law, people must pay $300 per expungement petition, $25 for a certified criminal history record, and fees for fingerprinting, which can vary across local law enforcement agencies; and WHEREAS, people who have been accused of committing crimes where there has been an unequivocal judicial finding on the record that the arrest had no foundation in probable cause should not have to endure a financial hardship associated with having their criminal records expunged; now therefore, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE LEGISLATURE OF ALABAMA, That the Alabama State Legislature is urged to amend Alabama's expungement law to eliminate fees for people who have been accused of committing crimes where there has been an unequivocal judicial finding on the record that the arrest had no foundation in probable cause.