SB113 Alabama 2019 Session

Updated Apr 26, 2021

Senate Bill

In Second Chamber

Current Status

Regular Session 2019

Session

Sponsor

Summary

Primary Sponsor: Cam Ward Senator
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.
Description: Under existing law, a person charged with and convicted for a misdemeanor criminal offense, a traffic violation, a municipal ordinance violation, or a nonviolent felony offense, and subsequently pardoned for the offense, by the Alabama Board of Pardons and Paroles, may not petition the circuit court to have the criminal record and the conviction expunged.
This bill would expand the expungement of criminal records to provide for the expungement of the criminal record and the conviction of a pardoned offender, in certain circumstances.
This bill would establish that any person whose record of conviction is expunged would not be relieved from the effects of the habitual felony offender law.
Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.
The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment.
However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.
Subjects: Expungement