HB441 Alabama 2021 Session

Summary

Primary Sponsor

Jeremy GrayRepresentative

Democrat

Session

Regular Session 2021

Title

Expungement, criminal records, allow a person to refuse to divulge an expungement, limited access to conviction records provided, penalties, exceptions, Sec. 5-22-6.1 added; Sec. 15-27-1 am'd.

Summary

HB441 would broaden expungement for certain non-violent misdemeanors, allow people to avoid disclosing expunged convictions, establish limited access to expunged records, and create penalties for improper sharing of expungement information.

What This Bill Does

It allows expungement of non-violent misdemeanor convictions under specific timeframes and conditions (either 10 years with no new offenses or 3 years with requirements like completing probation and no disqualifying prior offenses). It lets a person refuse to divulge an expunged misdemeanor conviction, with limited exceptions for certain proceedings. It creates a framework for limited access to expunged records, including non-public copies kept by the Attorney General and restricted access by courts, law enforcement, and license-issuing bodies, while allowing the individual to obtain their own expunged record upon request. It imposes penalties for unlawful disclosure of expunged information and clarifies that expungement does not bar employment or licensing opportunities; it also notes the effective date and related constitutional considerations.

Who It Affects

• Individuals who have or are seeking expungement of a non-violent misdemeanor (including certain trafficking victims) and who meet the specified time and conduct criteria to have their conviction expunged.
• Law enforcement, courts, licensing agencies (such as firearm license issuers), and other official bodies involved in handling expunged records, as well as the individuals who may request access to their own expunged records under the bill's limited-access framework.

Key Provisions

• Expands expungement to non-violent misdemeanors: after at least 10 years with no subsequent offenses, or after at least 3 years with conditions (probation complete, fines and costs paid, no violent felony, not a sex offender, not operating a commercial vehicle with CDL at the time, and not listed in certain federal offenses).
• Right to refuse divulging expunged information: a person whose petition is granted may not be required to disclose the expunged misdemeanor, with limited exceptions for sworn proceedings or formal testimony.
• Limited access and non-public records: the Attorney General keeps non-public copies and an index; access is restricted to courts, law enforcement, licensing authorities, and the person concerned, who may request their own expunged record.
• Penalties for unlawful disclosure: knowingly disclosing expunged information unlawfully is a Class B misdemeanor; special protections specify when disclosures are allowed.
• Effect on records and future convictions: expunged records are removed from official records but may be used if the person is later convicted; expungement does not disqualify the person from lawful activities or licenses.

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