SB223 Alabama 2025 Session

Updated Feb 23, 2026

Summary

Primary Sponsor: Linda Coleman-MadisonSenator
Democrat
Session: 2025 Regular Session
Title: Expungement; procedure established for expungement of certain nonviolent felony offenses
Summary: SB223 would create a process to expunge certain nonviolent Class C or D felony convictions under specific conditions, with pathways through petitions, pardons, and trafficking-related relief.
What This Bill Does
It would allow expungement of some nonviolent Class C or D felony convictions if the offense is not a sex offense or crime of moral turpitude and the person has had no arrests for any felony or misdemeanor in the last five years. It creates multiple pathways to obtain expungement, including after charges are dismissed, not billed by a grand jury, found not guilty, or nolle prosequi, with time passing rules and conditions for each route. It adds a pardon-based route that requires a certificate of pardon with restoration of rights and other conditions (such as 180 days since the pardon and not having violent/sex/moral turpitude offenses), plus a separate nonpardon route for nonviolent Class C/D felonies if the five-year period before filing has no arrests. It also allows expungement for offenses committed during human trafficking (and for certain listed violent offenses tied to trafficking) and details how records can be used or disclosed, with the circuit court having exclusive jurisdiction and the measure taking effect October 1, 2025.

Who It Affects
Individuals convicted of nonviolent Class C or D felonies who meet conditions (not a sex offense or offense involving moral turpitude and have had no arrests in the last five years) would be eligible to file for expungement.
People who have received a pardon with restoration of civil rights for the conviction (and meet other requirements), and people whose offenses occurred during human trafficking (trafficking survivors) may qualify for expungement.

Key Provisions
Expungement allowed for nonviolent Class C/D felonies if the offense is not a sex offense or a crime of moral turpitude, and the person has had no arrests for any felony or misdemeanor in the last five years.
Multiple petition pathways to expungement for charged felonies, including after dismissal with prejudice, grand jury not bill, not guilty, or nolle prosequi, with time thresholds and program completion where applicable.
Dismissal without prejudice more than five years ago may still allow expungement if there was no refiling and no new offenses (excluding minor traffic) in the prior five years.
Pardon-based expungement route requires a pardon with restoration of rights, 180 days passed since pardon, and avoidance of violent/sex/moral turpitude offenses, plus other conditions; a separate nonpardon route exists for nonviolent Class C/D felonies with a five-year arrest-free period.
Trafficking-related expungement: individuals who were trafficked or who committed offenses during trafficking may expunge under evidence of trafficking, including certain violent offenses listed when tied to trafficking.
Record handling: expunged records may be disclosed to criminal justice agencies and used in civil matters; after civil proceedings, references to expunged charges must be redacted; circuit court has exclusive jurisdiction.

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