HB161 Alabama 2020 Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

Regular Session 2020

Title

Criminal records, expunged of eligibility expanded to include convictions of misdemeanor offenses, traffic violations, and municipal ordinance violations, Secs. 15-27-1, 15-27-2, 15-27-3,15-27-4, 15-27-6, 15-27-7, 15-27-8, 15-27-19 am'd.

Summary

HB 161 would expand expungement eligibility to include convictions for misdemeanors, traffic violations, and municipal offenses (including youthful offender) under limited conditions, with new processes and record handling.

What This Bill Does

The bill allows people convicted of certain misdemeanors, traffic violations, and municipal violations to petition for expungement if specific criteria are met (such as time since conviction, completion of probation, and absence of disqualifying offenses). It also creates a mechanism for victims of human trafficking to obtain expungement for offenses committed during trafficking, and allows certain non-violent felonies to be expunged under related conditions. The proposal outlines how records are sealed, archived, and kept from broader disclosure, and sets procedural steps for filing, notifying prosecutors and victims, and potential objections before an expungement can be granted.

Who It Affects

• Individuals convicted of misdemeanor offenses, traffic violations, or municipal ordinance violations who meet the required waiting periods and other conditions for expungement.
• Individuals who were victims of human trafficking who committed offenses during trafficking (and certain listed offenses) and may seek expungement under the bill.

Key Provisions

• Expungement eligibility is expanded to include convictions for misdemeanor offenses, traffic violations, and municipal ordinance violations (including youthful offender adjudications) under limited conditions.
• For convictions, eligibility requires: at least three years since conviction; completion of probation or similar court-ordered obligations; no prior violent felony conviction; not a convicted sex offender; not operating a commercial vehicle with a CDL at the time; and not convicted of certain CFR offenses; with additional consideration for trafficking victims.
• Trafficking-related provision allows expungement if the person proves by a preponderance that the offense occurred during trafficking and that they would not have committed the offense but for being trafficked; includes some listed offenses linked to trafficking.
• Procedural framework: petition in circuit court, supporting records, notification of district attorney and relevant agencies, and a 45-day window for objections from the district attorney or a victim when appropriate.
• If granted, expungement orders require agencies to seal and archive records with the Alabama Criminal Justice Information Center, restrict non-criminal-justice uses, and limit interstate sharing; records may be removed from federal databases upon request.
• The act establishes retention and reporting requirements for expunged records and sets an effective date: the first day of the third month after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses