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SB117 Alabama 2021 Session

Updated Apr 27, 2021

Summary

Session
Regular Session 2021
Title
Criminal procedure, expungement, further provided to include youthful offenders, cost of expungement petition further provided, Secs. 15-27-2, 15-27-4 am'd.
Summary

SB117 broadens expungement to more types of records, adds new limits and fees, and changes how expunged records are handled and used in court and by agencies.

What This Bill Does

The bill expands expungement to include certain misdemeanor offenses, traffic violations, municipal ordinance violations, and some non-violent felony offenses, under specific time and conduct conditions. It creates new limits on how many expungements a person can receive, including unlimited expungements in some categories and restricted counts in others. It also adds rules about admissibility of expunged records in court (including an in-camera hearing), and increases the filing fee with specified distribution to various funds; it sets data handling, retention, and access rules for expunged records and provides for indigent waivers. The act also clarifies it does not override certain existing expungement rules and becomes effective a few months after passage.

Who It Affects
  • Individuals who have past charges or convictions (misdemeanors, traffic violations, municipal ordinances, or eligible non-violent felonies) and may qualify for expungement under the new rules.
  • Criminal justice agencies, the judiciary, prosecutors, and local governments, which will handle the new filing fees, archiving requirements, record retention, and limited data sharing associated with expungements.
Key Provisions
  • Expands expungement eligibility to include certain misdemeanor offenses, traffic violations, municipal ordinances, and non-violent felonies, under specified conditions.
  • Adds Section 15-27-2.1 establishing how many expungements a person may receive (unlimited in some categories; one expungement for certain provisions; two for others) and defines that one expungement covers all charges from the same arrest.
  • Adds Section 15-27-21 allowing a certified expungement record to be admissible in court, with an in-camera hearing to determine admissibility, subject to evidentiary rules.
  • Sets an administrative filing fee (listed as $300, with a possible reference to $500) to be paid at filing, and describes how the fee is distributed to various funds and offices; provides indigent relief options.
  • Specifies record handling: once expunged, records are archived and stored by state agencies with restricted access; prohibits transmitting expunged records to the FBI repository and requires redaction in civil matters where applicable.
  • Provides for the act to be effective on the first day of the third month after passage and applies alongside existing expungement sections without superseding them.
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

Bill Actions

S

Assigned Act No. 2021-286.

H

Signature Requested

S

Enrolled

H

Concurred in Second House Amendment

S

Smitherman motion to Concur In and Adopt adopted Roll Call 998

S

Concurrence Requested

H

Motion to Read a Third Time and Pass adopted Roll Call 813

H

Motion to Adopt adopted Roll Call 812

H

Jones (M) Amendment Offered

H

Motion to Adopt adopted Roll Call 811

H

Judiciary 4th Amendment Offered

H

Motion to Adopt adopted Roll Call 810

H

Judiciary 3rd Amendment Offered

H

Motion to Adopt adopted Roll Call 809

H

Judiciary 2nd Amendment Offered

H

Motion to Adopt adopted Roll Call 808

H

Judiciary 1st Amendment Offered

H

Third Reading Passed

H

Read for the second time and placed on the calendar 4 amendments

H

Read for the first time and referred to the House of Representatives committee on Judiciary

S

Engrossed

S

Motion to Read a Third Time and Pass adopted Roll Call 354

S

Gudger motion to Adopt adopted Roll Call 353

S

Gudger Amendment Offered

S

Coleman-Madison motion to Adopt adopted Roll Call 352

S

Coleman-Madison first Substitute Offered

S

Coleman-Madison motion to Adopt adopted Roll Call 351

S

Judiciary Amendment Offered

S

Third Reading Passed

S

Coleman-Madison motion to Carry Over to the Call of the Chair adopted Voice Vote

S

Third Reading Carried Over to Call of the Chair

S

Read for the second time and placed on the calendar 1 amendment

S

Read for the first time and referred to the Senate committee on Judiciary

Bill Text

Votes

SBIR: Coleman-Madison motion to Adopt Roll Call 191

February 11, 2021 Senate Passed
Yes 28
Absent 7

Coleman-Madison motion to Adopt Roll Call 351

March 3, 2021 Senate Passed
Yes 30
Absent 4

Coleman-Madison motion to Adopt Roll Call 352

March 3, 2021 Senate Passed
Yes 30
Absent 4

Motion to Read a Third Time and Pass Roll Call 354

March 3, 2021 Senate Passed
Yes 31
Absent 3

HBIR: England motion to Adopt Roll Call 807

April 13, 2021 House Passed
Yes 63
No 31
Absent 9

Motion to Adopt Roll Call 808

April 13, 2021 House Passed
Yes 77
No 8
Abstained 3
Absent 15

Motion to Adopt Roll Call 809

April 13, 2021 House Passed
Yes 89
No 1
Abstained 3
Absent 10

Motion to Adopt Roll Call 810

April 13, 2021 House Passed
Yes 90
No 1
Abstained 3
Absent 9

Motion to Adopt Roll Call 811

April 13, 2021 House Passed
Yes 89
No 2
Abstained 4
Absent 8

Motion to Adopt Roll Call 812

April 13, 2021 House Passed
Yes 87
Abstained 7
Absent 9

Motion to Read a Third Time and Pass Roll Call 813

April 13, 2021 House Passed
Yes 57
No 38
Absent 8

Smitherman motion to Concur In and Adopt Roll Call 998

April 15, 2021 Senate Passed
Yes 27
No 1
Absent 6

Documents

Source: Alabama Legislature