SB113 Alabama 2019 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2019

Title

Expungement, to allow expungement of convictions if the person has received a pardon, Secs. 15-27-1, 15-27-2 am'd.

Summary

SB 113 would let circuit courts expunge the records and convictions of people who were pardoned, under certain conditions, expanding current expungement options while keeping some criminal penalties in place.

What This Bill Does

The bill allows expungement of records for individuals pardoned by the Alabama Board of Pardons and Paroles for misdemeanors, traffic, or municipal violations, if specific criteria are met (such as time since conviction and restoration of civil rights). It also allows expungement for nonviolent felonies after conditions like pardons, RESTORATION of rights, and time elapsed (e.g., 15 years) with certain offense exclusions. Additionally, it creates pathways for expungement when felony charges were dismissed after program completion or after a waiting period, and for victims of human trafficking to expunge offenses committed during trafficking. The bill explicitly notes that expungement does not erase habitual felony offender status, and it clarifies local funding considerations and the bill’s effective date.

Who It Affects

• Pardoned individuals charged with misdemeanors, traffic violations, or municipal offenses who meet the eligibility criteria and may petition to expunge their records and convictions.
• Pardoned individuals convicted of nonviolent felonies who meet time- and category-based requirements (and have rights restored) and may petition to expunge their records and convictions.
• Individuals whose felony charges were dismissed after completion of certain court programs or after a waiting period, who may seek expungement of related records.
• Victims of human trafficking whose offenses were committed during trafficking and who meet criteria to expunge related records.
• Law enforcement and prosecutorial agencies, which may access expunged records for investigation purposes.

Key Provisions

• Allows a circuit court to order expungement of records and convictions for pardoned misdemeanor/violation/traffic/municipal offenses under defined conditions.
• Allows expungement of nonviolent felony records if the person was pardoned, civil/political rights are restored, 15 years have passed since conviction, and the offense is not a violent felony, sex offense, moral turpitude, domestic violence, etc.
• Provides that certain felony offenses may be expunged if the person was trafficked and would not have committed the offense but for trafficking; includes specific trafficking-related offenses.
• Permits expungement of records for felony charges dismissed after successful completion of designated programs (drug court, mental health court, diversion, veteran's court, or deferred prosecution) or after sufficient time with no new offenses.
• Records expunged under this act may be disclosed to law enforcement for investigations; expungement does not exempt the person from habitual felony offender penalties.
• Acknowledges that the bill would require a new or increased local expenditure but is excluded from Amendment 621 local funding requirements due to specified exceptions; the act becomes effective on the first day of the third month after governor’s 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

Expungement