House Bill 261 Alabama 2026 Session

Summary

Primary Sponsor

Ontario J. TillmanRepresentative

Democrat

Session

2026 Regular Session

Title

Expungement; automatic order of expungement, required under certain conditions

Summary

HB261 would automatically expunge certain criminal records after acquittals or dismissals, with the court ordering expungement on its own motion when specific outcomes occur and no new charges follow within 14 calendar days.

What This Bill Does

The court would automatically erase records of a charged offense without a petition if the person was charged with a felony, misdemeanor, violation, traffic violation, boating violation, or municipal ordinance violation and the case ends in one of these ways: dismissal with prejudice, not billed by a grand jury, acquitted or found not guilty, or nolle prosse without conditions, and no new charges are filed within 14 calendar days. The person would not have to pay fees or costs for the expungement. Expunged records could be used in civil matters by attorneys, officers of the court, or the court itself, with references to the expunged charges redacted after the civil matter ends.

Who It Affects

• Individuals charged with felonies, misdemeanors, or other violations who meet the outlined ending conditions and would have their records automatically expunged without paying fees.
• Attorneys, judges, and the court (and related agencies) who may access expunged records for civil matters, with protections that references are redacted after the matter concludes.

Key Provisions

• Automatic expungement by the court on its own motion when the listed conditions occur and no new charges are filed within 14 calendar days.
• No fees or court costs required for the expungement for the affected individuals.
• Expunged records may be used in civil matters by attorneys, officers of the court, or the court itself, with redaction of references after the civil matter ends.
• Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 11, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Procedure