House Bill 535 Alabama 2026 Session

Summary

Primary Sponsor

Travis HendrixRepresentative

Democrat

Session

2026 Regular Session

Title

Expungement; certain pardoned, vacated, or overturned convictions authorized to be expunged; hearing procedures, further provided

Summary

HB535 would expand Alabama expungement to include overturned/vacated convictions and pardoned offenses, with new hearing and filing-fee rules for petitions.

What This Bill Does

It authorizes expungement of convictions that have been overturned or vacated, and of offenses that have been pardoned with restoration of rights. It requires a hearing on expungement petitions and specifies factors the court must consider, including seriousness, circumstances, age, rehabilitation, and other relevant evidence. It creates a $500 administrative filing fee for expungement petitions, with waivers for indigent petitioners and certain cases (e.g., arrest records after not guilty, or expungement of overturned/vacated convictions). It also lays out detailed eligibility paths for misdemeanors and felonies, including dismissals, not guilty verdicts, nolle prosequi, quashed indictments, completion of certain programs, human trafficking considerations, and pardons, with the court having discretion to grant expungement after a hearing.

Who It Affects

• Individuals with misdemeanor offenses or municipal/traffic violations who meet the new expungement criteria (e.g., dismissed with prejudice, not billed by grand jury, found not guilty, nolle prosequi with no refiling, etc.).
• Individuals convicted of felonies who have had their conviction vacated/overturned or who have received a certificate of pardon with restoration of rights.
• Individuals who were pardoned (with restoration of civil and political rights) for a conviction and seek expungement of the underlying record.
• Victims of human trafficking who can show they would not have committed the offense but for being trafficked, and who seek expungement under certain provisions.
• Arrest records following not guilty findings or overturned convictions, who may qualify for fee waivers or reductions in court costs.

Key Provisions

• Expungement eligibility expanded to overturned/vacated convictions and pardoned offenses, allowing petitions to expunge related records.
• Mandatory hearing framework for expungement petitions, with a set of factors the court must consider (nature/seriousness of offense, circumstances, age, rehabilitation, etc.) and the application of the Alabama Rules of Evidence.
• A $500 administrative filing fee for expungement petitions, with specific mandatory allocations to state funds, the Department of Forensic Sciences, district attorneys, the circuit court, Public Safety Fund, and local government/related funds; indigent petitions may be waived, and certain cases qualify for fee exemptions.
• Detailed eligibility criteria for misdemeanors (Sections 15-27-1 and related) and felonies (Section 15-27-2), including conditions like dismissal after prejudice/not guilty/nolle prosequi, quashed indictments, completion of court-approved programs, and human trafficking considerations; additional restrictions apply (e.g., not violent, not sex offenses, not moral turpitude).
• Pardons with restoration of civil rights and the passage of required timeframes allow expungement of the conviction, subject to other restrictions and disclosures.
• The act provides how records may be disclosed when expungement petitions are pending and outlines that expunged records may be redacted in civil matters; court jurisdiction remains exclusive for these petitions.
• Effective date set for October 1, 2026.

AI-generated summary using openai/gpt-5-nano-2025-08-07 on Mar 3, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Procedure