HB50 Alabama 2024 Session

Summary

Primary Sponsor

Juandalynn GivanRepresentative

Democrat

Session

Regular Session 2024

Title

Criminal procedure; criminal convictions sealed under certain circumstances; procedures established; exceptions provided; civil cause of action established

Summary

HB50 would automatically seal certain criminal convictions after the person completes their sentence and a waiting period, with some offenses excluded, and it requires an automated system to do the sealing.

What This Bill Does

It automatically seals eligible convictions after a set waiting period: eight years for most felonies, three years for misdemeanors, violations, traffic offenses, and municipal offenses, and three years for DUI after sentencing. It bars sealing for Class A felonies, pending charges, people under post-release supervision, and sex offense convictions. It limits who can access sealed records and for what purposes, allowing use only in specified legal contexts such as by attorneys, courts, prosecutors, or in certain employment, licensing, or background-check scenarios required by law. The Administrative Office of Courts must build an automatic sealing system by Oct 1, 2024 and seal all eligible records by Dec 1, 2027, with coordination from corrections and parole authorities, and it creates a civil-damages remedy if a sealed record is disclosed improperly.

Who It Affects

• Individuals with past felony or misdemeanor convictions who would become eligible for automatic sealing after meeting time and status requirements.
• People with Class A felonies, pending criminal charges, those under post-release supervision, or sex-offense convictions who are not eligible for sealing.
• Criminal justice agencies (Administrative Office of Courts, Department of Corrections, Board of Pardons and Paroles, prosecutors, police) that will implement, manage, and coordinate the sealing system and data sharing.
• Employers, licensing boards, and other background-check entities that may review sealed records, who must follow the allowable access rules and disclosures related to sealed records.

Key Provisions

• Automatic sealing timetable: felony convictions sealed after eight years from last release or from sentencing if no incarceration; misdemeanor/violation/traffic/municipal violations sealed after three years; DUI convictions sealed after three years from sentence.
• Eligibility limits: ineligible if Class A felony, if there is a pending charge, if the person is under post-release supervision, or if the conviction is a sex offense.
• Scope of records sealed: includes fingerprints, palmprints, arrest and conviction records, booking photos, and index references.
• Access restrictions: sealed records may be accessed only by listed parties (attorney, courts, prosecutors, certain agencies) and for specific purposes (civil or criminal proceedings, certain exemptions for employment, licensing, or background checks required by law, and other narrowly defined uses).
• System implementation timeline: AOC must develop and maintain the automatic sealing system by Oct 1, 2024 and seal all eligible records by Dec 1, 2027.
• Coordination and data sharing: Department of Corrections and Board of Pardons and Paroles must provide data about releases to help identify records to seal.
• Notification and sealing process: once a conviction is sealed, the responsible agencies must be notified and records marked as sealed.
• Habitual offender consideration: a sealed conviction can still be counted for purposes of enhancing sentences under the Habitual Felony Offender Act.
• Waivers prohibited: individuals cannot be forced to waive sealing eligibility as part of a plea, sentence, or related agreement.
• Civil damages: individuals may sue if a sealed record is disclosed without consent and they suffer damages.

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

Subjects

Criminal Procedure