HB441 Alabama 2021 Session

Under current law, a person charged with a misdemeanor may only apply for an expungement in very limited circumstances

This bill would expand the expungement of criminal records to persons convicted of certain non-violent misdemeanors

This bill would allow a person to refuse to divulge a misdemeanor conviction that has been expunged

This bill would allow limited access of conviction records in certain circumstances

This bill would provide for criminal penalties for the unlawful sharing of expungement information and provide for exceptions to expungement

Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, 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. If this bill is not enacted by a 2/3 vote, it will not become effective with regard to a local entity unless approved by the local entity or until, and only as long as, the Legislature appropriates funds or provides for a local source of revenue

Relating to expungment; to amend Section 15-27-1, Code of Alabama 1975; to expand the expungement of criminal records; to allow a person to refuse to divulge an expungement; to provide for limited access to conviction records after expungement; and to provide for certain penalties; to provide exceptions; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901.