SB162 Alabama 2020 Session

Summary

Primary Sponsor

Tom Whatley

Republican

Session

Regular Session 2020

Title

Criminal procedure, expungement, expungement of records of youthful offender, provided for, Secs. 15-27-1, 15-27-2 am'd.

Summary

SB 162 would expand expungement options for youthful offenders, allowing more non-DUI, non-violent offenses to be sealed after certain conditions.

What This Bill Does

It adds expanded expungement eligibility for people charged as youthful offenders who committed offenses not considered driving under the influence or violent. It lays out specific circumstances under which records can be expunged, including dismissals with prejudice, no bills, not guilty verdicts, and certain time-based clean periods, plus a human trafficking victim exception. It also creates program-based paths for felonies (excluding violent offenses) and allows expungement after completion of certain court programs, with special rules for trafficking cases and for those found not guilty. The act becomes effective a few months after passage.

Who It Affects

• Youthful offenders charged with misdemeanors, violations, or traffic offenses that are not DUI or violent offenses would become eligible to petition to expunge their records.
• People charged with felonies (excluding violent offenses) who were charged as or adjudged as youthful offenders would be able to petition for expungement under several conditions, including program completion and time-based criteria.
• Victims of human trafficking who committed offenses during trafficking could qualify for expungement if they meet the required evidence.
• Individuals whose charges were dismissed, were no-billed, or were found not guilty could seek expungement under the new rules.
• Participants in court programs (drug court, mental health court, diversion programs, veteran's court, deferred/prosecution) could have expungement considered after program completion.

Key Provisions

• Adds youth offender expungement eligibility for non-DUI, non-violent offenses in §15-27-1 and §15-27-2, allowing petition to expunge after certain outcomes or timeframes.
• For misdemeanors/violations/traffic violations: expungement available if the charge is dismissed with prejudice, no billed, found not guilty, or after waiting periods with no new offenses (two-year window for some conditions).
• Human trafficking victims may qualify for expungement if the offense occurred during trafficking and the person would not have committed the offense but for trafficking.
• A youthful offender who completed any sentence or probation can seek expungement for that offense.
• For felonies (excluding violent offenses): expungement available after dismissal with prejudice, after successful completion of specified programs (one year after completion), or as a court-ordered condition of those programs.
• Expungement also available after certain time-based windows (five years without refiling or new offenses; 90 days after dismissal/no bill/acquittal/nolle), plus trafficking-related exceptions and completion of youthful offender obligations.
• Convictions for violent offenses may be expunged if the offense occurred during trafficking and the person would not have committed the offense but for trafficking; examples include certain listed offenses (e.g., promoting prostitution first degree, domestic violence third degree, production of obscene matter involving a minor).
• Not guilty findings can trigger expungement for felony offenses, and records of violent offenses may be disclosed to law enforcement for investigation.
• Effective date: the act becomes law on the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Law and Procedure