SB 135

Under existing law, a person charged with a crime that is committed when he or she is under the age of 21 may be charged as a youthful offender

Also under existing law, a person charged with a misdemeanor criminal offense, traffic violation, or municipal ordinance violation and certain felony offenses may petition the circuit court to have the criminal record expunged if the charge was dismissed or if he or she meets other limited conditions

This bill would provide for the expungement of the criminal record of a youthful offender under certain conditions

To add Section 15-27-2.1 to the Code of Alabama 1975; to provide for the expungement of the criminal record of a person charged or adjudicated as a youthful offender under certain conditions.

Section 1

Section 15-27-2.1 is added to the Code of Alabama 1975, to read as follows: §15-27-2.1. (a) Except as provided in subsection (b), a person who has been charged or adjudicated as a youthful offender and is no longer eligible to apply for youthful offender status may petition the criminal division of the circuit court in the county in which the charges were filed to expunge the criminal record of the youthful offender. (b) If the youthful offender is adjudicated of a violent offense pursuant to Section 12-25-32, a sex offense pursuant to Section 15-20A-5, or driving under the influence pursuant to Section 32-5A-191, the criminal record of the youthful offender may not be expunged. (c) A youthful offender petitioning for expungement shall satisfy, and be subject to, the procedures or requirements in Sections 15-27-3 to 15-27-20, inclusive, relating to the expungement of criminal records.

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.