HB226 Alabama 2021 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2021

Title

Expungement, to expand the expungement of criminal records to include convictions of certain misdemeanor offenses, traffic violations, municipal ordinances, and felony offenses, to increase the filing fee for expungements, Secs. 15-27-1, 15-27-2, 15-27-4, 15-27-5, 15-27-7 to 15-27-10, inclusive, 15-27-19 am'd.

Summary

HB226 would broaden expungement to more charges and convictions, add a $300 filing fee with specified allocations, and update record‑keeping rules under Alabama law (REDEEMER Act).

What This Bill Does

It lets people seek expungement for more offenses, including certain misdemeanors, traffic violations, municipal ordinances, and felonies, under defined conditions and timeframes. It requires completion of probation or parole and sets age and offense-based restrictions for convictions, with special human trafficking provisions. It creates a $300 administrative filing fee with designated fund allocations, and establishes archiving and restricted access for expunged records, while allowing certain disclosures for criminal justice purposes and aiming to remove expunged records from interstate databases when possible.

Who It Affects

• People charged with misdemeanor offenses, traffic violations, municipal ordinance violations, or certain felonies who could seek expungement under the expanded rules (subject to disposition, waiting periods, and other eligibility requirements).
• Criminal justice agencies and local government entities, which would handle the new filing fee, record archiving and restriction rules, data-sharing limits, and coordination with state and federal records systems.

Key Provisions

• Expands expungement eligibility to include certain misdemeanors, traffic violations, municipal ordinances, and felonies under specified circumstances.
• For charges, allows expungement after dispositions such as dismissal with prejudice, no bill, not guilty, or nolle prosequi after 90 days, and after completion of certain court programs with waiting periods (e.g., three years after program completion).
• For convictions, allows expungement if probation/parole is completed, three years have passed since conviction, and the offense is not violent, not a sex offense, not involving moral turpitude, and not a serious traffic offense, with human trafficking exceptions where applicable.
• For felonies, allows expungement after a granted pardon with restoration of civil rights, with 180 days elapsed since the pardon, and subject to the same non-violent/non-sex/other restrictions, plus trafficking-related exceptions.
• Imposes a new administrative filing fee of $300 at filing, with specified distribution to the State Judicial Administrative Fund, Department of Forensic Sciences, district attorney, circuit court, Public Safety Fund, and local law enforcement or funding sources; indigent petitioners may request a payment plan.
• Creates court processes with criteria for granting expungement, allowing rulings on merits if there is no objection, and outlining factors a court must consider when objections are filed.
• Requires expunged records to be archived by the Alabama Criminal Justice Information Center as protected and restricts access to criminal justice agencies or related purposes; limits or prohibits transmission to the FBI national repository and removal from interstate databases where possible.
• The act is titled the Record Expungement Designed to Enhance Employment and Eliminate Recidivism (REDEEMER) Act, includes nonsubstantive technical updates, and becomes effective on the first day of the third month after governor approval; it contains a constitutional exemption related to local fund expenditures.

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

Subjects

Expungement