HB5 Alabama 2021 Session

Summary

Primary Sponsor

Juandalynn GivanRepresentative

Democrat

Co-Sponsor

Anthony Daniels

Session

Regular Session 2021

Title

Expungements, administrative filing fees eliminated, Sec. 15-27-4 repealed; Sec. 15-27-3 am'd.

Summary

HB5 would remove the $300 administrative filing fee and other record-copy fees for expungement petitions in Alabama.

What This Bill Does

It eliminates the administrative filing fee and fees to obtain certified records needed for expungement. It changes the petition requirements to include certified records and a sworn statement, and it states that petitioners shall not have to pay any fee to agencies for those records. It repeals the separate administrative fee statute (Section 15-27-4). It preserves existing notice and objection processes, including a 45-day window for the district attorney (and possibly victims) to object in certain cases.

Who It Affects

• Individuals seeking expungement would no longer pay the administrative filing fee or record-copy fees when petitioning to expunge court records.
• State and local agencies that maintain expungement records (e.g., district attorney’s office, law enforcement, clerk of court, and the Alabama Criminal Justice Information Center) would no longer charge fees to provide the certified records needed for expungement.

Key Provisions

• Eliminates the $300 administrative filing fee for expungement petitions and fees for obtaining certified records of arrest, disposition, or case action summaries.
• Amends Section 15-27-3 to require a sworn statement, include certified records from the relevant agencies, and remove the requirement for petitioners to pay fees to obtain those records.
• Repeals Section 15-27-4, removing the administrative expungement fees altogether.
• Maintains provisions for notice and potential objections by the district attorney and, in certain circumstances, a victim, with a 45-day period to file objections.

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

Subjects

Expungements