HB5 Alabama 2021 Session

Under existing law, a person seeking to expunge court records must pay an administrative filing fee of three hundred dollars ($300) as well as various fees associated with obtaining a copy of the person's criminal record and certified record of arrest, disposition, or case action summary of the court record the person seeks to have expunged

This bill would eliminate the administrative filing fee and fees associated with obtaining a copy of the person's criminal record and certified record of arrest, disposition, or case action summary of the court record the person seeks to have expunged

Relating to expungements; to amend Section 15-27-3, Code of Alabama 1975, and to repeal Section 15-27-4, Code of Alabama 1975, to eliminate the administrative filing fee and fees associated with obtaining a copy of the person's criminal record and certified record of arrest, disposition, or case action summary of the court record the person seeks to have expunged.

Section 1

Section 15-27-3, Code of Alabama 1975, is amended to read as follows:

§15-27-3.

(a) A petition filed under this chapter shall include a sworn statement made by the person seeking expungement under the penalty of perjury stating that the person has satisfied the requirements set out in this chapter and whether he or she has previously applied for an expungement in any jurisdiction and whether an expungement has been previously granted.

(b) The petitioner shall include a certified record of arrest, disposition, or the case action summary from the appropriate agency for the court record the petitioner seeks to have expunged as well as a certified official criminal record obtained from the Alabama Criminal Justice Information Center. In addition to setting forth grounds for the court to consider, the petitioner shall specify what criminal charges from the record are to be considered, further specify the agency or department that made the arrest and any agency or department where the petitioner was booked or was incarcerated or detained pursuant to the arrest or charge sought to be expunged. The petitioner shall not be required to pay a fee to any agency to obtain a certified record of arrest, disposition, or the case action summary for the court record the petitioner seeks to have expunged or a certified official criminal record.

(c) A petitioner shall serve the district attorney, the law enforcement agency, and clerk of court of the jurisdiction for which the records are sought to be expunged, a copy of the petition, and the sworn affidavit. The district attorney shall review the petition and may make reasonable efforts to notify the victim if the petition has been filed seeking an expungement under circumstances enumerated in paragraph a. of subdivision (4) of Section 15-27-2 involving a victim that is not a governmental entity. The district attorney and the victim shall have a period of 45 days to file a written objection to the granting of the petition or the district attorney shall be deemed to have waived the right to object. The district attorney shall serve the petitioner or the petitioner's counsel a copy of the written objection."

Section 2

Section 15-27-4, Code of Alabama 1975, relating to administrative fees for expungement petitions, is repealed.

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.