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  1. Bama Politics
  2. Alabama
  3. Alabama House & Senate Bills
  4. 2021 Alabama Legislative Regular Session
  5. 2021 Alabama Senate Bills
  6. SB117 Alabama 2021 Session
Tuscaloosa, AL holds municipal elections March 2, 2021. Click here to view the elections and the candidates running.

SB117 Alabama 2021 Session

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In Committee
Contents hide
  • 1 Bill Summary
  • 2 Bill Actions
  • 3 Bill Calendar
  • 4 Bill Text
  • 5 Bill Votes
  • 6 Bill Documents

Bill Summary

Sponsors
  • Linda Coleman-Madison
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.
Description

Under existing law, a person who has been charged with a felony offense that does not constitute a violent offense may file a petition to have the criminal records of that offense expunged when the charge is dismissed with prejudice; when the charge has been no-billed by a grand jury; when the charge has been dismissed after successful completion of a court-approved deferred prosecution program; when the charge has been dismissed without prejudice and has not been refiled and more than years have passed without the person being convicted of any crime; or when the person was a victim of human trafficking at the time of the offense and only committed the offense as a result of being trafficked

Under existing law, when a person has been charged with a felony offense that constitutes a violent offense, the person may only file a petition to have his or her criminal records of that offense expunged if the person has been found not guilty of the offense

This bill would provide that when a person has been charged with any felony offense, the person may file a petition to have the criminal records of that offense expunged when the charge is dismissed with prejudice; when the charge has been no-billed by a grant jury; when the charge has been dismissed after successful completion of a court-approved deferred prosecution program; when the charge has been dismissed without prejudice and has not been refiled and more than 5 years have passed without the person being convicted of any crime; or when the person was a victim of human trafficking at the time of the offense and only committed the offense as a result of being trafficked

Also under existing law, when a person is eligible to file a petition for expungement, in addition to any court costs or docket fees, the person is required to pay an administrative filing fee of three hundred dollars ($300) that is distributed according to law

This bill would delete the administrative filing fee and prohibit a person from being charged any court cost or docket fee for the filing of a petition for expungement

Relating to criminal procedure; to amend Sections 15-27-2 and 15-27-4, Code of Alabama 1975, to further provide for who may file a petition for expungement; to delete the administrative filing fee associated with the filing of the petition; and to prohibit the charging of any court costs or docket fees associated with the filing of the petition.

Subjects
Criminal Law and Procedure

Bill Actions

Action Date Chamber Action
February 11, 2021 S Judiciary first Amendment Offered
February 11, 2021 S Further Consideration
February 11, 2021 S Coleman-Madison motion to Carry Over to the Call of the Chair adopted Voice Vote
February 11, 2021 S Third Reading Carried Over to Call of the Chair
February 3, 2021 S Read for the second time and placed on the calendar 1 amendment
February 2, 2021 S Read for the first time and referred to the Senate committee on Judiciary

Bill Calendar

Type Date Location Description
Hearing February 3, 2021 Room 325 Please see clerk for PH sign-up sheet, removed SB46PH, at 08:30 Senate JUDY Hearing

Bill Text

Download SB117 Alabama 2021 Session PDF

Bill Votes

SBIR: Coleman-Madison motion to Adopt Roll Call 191
2021-02-11
Chamber: Senate
Result: Passed

Bill Documents

Type Link
Bill Text SB117 Alabama 2021 Session - Introduced
Bill Amendments Senate Judiciary first Amendment Offered
Fiscal Note Fiscal Note - SB117 for Judiciary
Fiscal Note Fiscal Note - SB117 for Judiciary
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