HB11 Alabama 2025 Session

Summary

Primary Sponsor

Juandalynn GivanRepresentative

Democrat

Session

2025 Regular Session

Title

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

Summary

HB11 would automatically seal eligible criminal convictions after a set waiting period and require a state system to manage the sealing, with specific exceptions and restricted disclosure rules.

What This Bill Does

The bill automatically seals certain felony convictions after eight years (post-release) or after the sentence if incarceration was not imposed, and seals misdemeanors, violations, traffic violations, and municipal offenses after three years. It provides exceptions for ineligible offenses (e.g., Class A felonies), pending charges, current post-release supervision, and certain sex offenses, and requires the Administrative Office of Courts to create and operate an automated sealing system by 2027. It lists who may access sealed records (e.g., attorneys, courts, prosecutors, and specific employment or licensing contexts) and restricts access to others, while allowing certain limited uses such as defense needs, civil or criminal proceedings, or specific background checks. It also preserves certain obligations (like restitution) and creates a civil damages remedy for improper disclosure of sealed records, while clarifying that DNA data generally remains unaffected and that sealing may influence habitual offender considerations.

Who It Affects

• Individuals with qualifying felony or misdemeanor convictions who have completed their sentence and waiting period and would be eligible for automated sealing.
• Courts, law enforcement, prosecutors, defense attorneys, and certain employers or licensing bodies that may access sealed records only for narrowly defined purposes (e.g., background checks, licensing, or legal proceedings).

Key Provisions

• Automatic sealing of eligible convictions after eight years for felonies and three years for misdemeanors, violations, traffic violations, and municipal offenses, following completion of sentence and an interval with no new convictions.
• Certain convictions are not eligible for sealing (e.g., Class A felonies, sex offenses, pending charges, or ongoing post-release supervision).
• The Administrative Office of Courts must develop, support, and maintain an automated sealing system by October 1, 2025, with all eligible records sealed by December 1, 2027.
• Records to be sealed include fingerprints, palmprints, photos, arrest and conviction records, and index references.
• Sealed records may be disclosed only to specified parties and for limited purposes, such as attorney access, court and prosecutorial use, when the individual is a witness or party in proceedings, during certain employment/background checks, licensing, or specific federal/state regulatory contexts.
• Sealed records may be used in ex parte motions or other narrowly defined scenarios where relevant to the case or defense, and by entities required to consider sealed records for employment, licensing, or clearance.
• The act preserves DNA data in the state database and does not waive restitution, court costs, fines, or fees associated with the conviction.
• A civil cause of action is created for damages if a sealed conviction is disclosed without consent in circumstances where there was a duty of care and breach caused injury.
• A sealed conviction may still be used for habitual offender enhancements under the Habitual Felony Offender Act.
• Waiver of sealing eligibility cannot be forced as part of guilty pleas or other agreements.

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