SB153INTRODUCED
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SB153
AMTGQ7Q-1
By Senator Jones
RFD: Judiciary
First Read: 21-Feb-24
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5 AMTGQ7Q-1 11/07/2023 ANS (L)ma 2023-3353
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First Read: 21-Feb-24
SYNOPSIS:
Under existing law, a person who has been
convicted of a misdemeanor offense, violation, traffic
violation, or municipal ordinance violation may file a
petition to expunge the records relating to the charge
and conviction under certain circumstances.
This bill would provide that a person who has
been adjudged a youthful offender and the underlying
charge is a misdemeanor offense, violation, traffic
violation, or municipal ordinance violation can file a
petition to expunge the records relating to the charge
and conviction under certain circumstances.
A BILL
TO BE ENTITLED
AN ACT
Relating to criminal procedure; to amend Section
15-27-1, Code of Alabama 1975, to provide that a person who
has been adjudged a youthful offender and the underlying
charge is a misdemeanor offense, violation, traffic violation,
or municipal ordinance violation can file a petition to
expunge the records relating to the charge and conviction
under certain circumstances.
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under certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 15-27-1, Code of Alabama 1975, is
amended to read as follows:
"§15-27-1
(a) A person who has been charged with a misdemeanor
offense, a violation, a traffic violation, or a municipal
ordinance violation may file a petition in the criminal
division of the circuit court in the county in which the
charges were filed, to expunge records relating to the charge
in any of the following circumstances:
(1) When the charge has been dismissed with prejudice
and more than 90 days have passed.
(2) When the charge has been no billed by a grand jury
and more than 90 days have passed.
(3) When the person has been found not guilty of the
charge and more than 90 days have passed.
(4) When the charge has been nolle prossed without
conditions, more than 90 days have passed, and the charge or
charges have not been refiled.
(5) When the indictment has been quashed and the
statute of limitations for refiling the charge or charges has
expired or the prosecuting agency confirms that the charge or
charges will not be refiled.
(6)a. When the charge was dismissed after successful
completion of a drug court program, mental health court
program, diversion program, veteran's court program, or any
other court-approved deferred prosecution program.
b. Expungement may be a court-ordered condition of a
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b. Expungement may be a court-ordered condition of a
program listed in paragraph a.
c. A petition for expungement may be filed one year
from the date of successful completion of a program listed in
paragraph a.
(7) When the charge was dismissed without prejudice
more than one year ago and has not been refiled, and the
person has not been convicted of any other felony or
misdemeanor crime, any violation, or any traffic violation,
excluding minor traffic violations, during the previous two
years.
(8) When the person proves by a preponderance of the
evidence that the person is a victim of human trafficking,
that the person committed the misdemeanor offense, violation,
traffic violation, or municipal ordinance violation during the
period the person was being trafficked, and that the person
would not have committed the offense or violation but for
being trafficked. Evidence that a person is a victim of human
trafficking may include, but is not limited to, evidence that
the person's trafficker was convicted of trafficking the
person under Section 13A-6-152 or Section 13A-6-153.
(b) Subsection (a) notwithstanding, a person who has
been convicted of a misdemeanor offense, a violation, a
traffic violation, or a municipal ordinance violation or a
person who has been adjudged a youthful offender and the
underlying charge is a misdemeanor offense, violation, traffic
violation, or municipal ordinance violation may file a
petition in the criminal division of the circuit court in the
county in which the charges were filed to expunge records
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county in which the charges were filed to expunge records
relating to the charge and the conviction if all of the
following occur:
(1) Except as provided in Section 15-27-4, all
probation or parole requirements have been completed,
including payment of all fines, costs, restitution, and other
court-ordered amounts, and are evidenced by the applicable
court or agency.
(2) Three years have passed from the date of
conviction.
(3) If the person was convicted of any of the offenses
enumerated in 49 C.F.R. § 383.51, the person was not operating
a commercial motor vehicle at the time of the offense, or was
not holding a commercial driver license or a commercial
learner'slearner permit at the time of the offense.
(4) The conviction is not a violent offense, as
provided in Section 12-25-32.
(5) The conviction is not a sex offense, as provided in
Section 15-20A-5.
(6) The conviction is not an offense involving moral
turpitude, as provided in Section 17-3-30.1. This subdivision
does not apply if the crime the person was convicted of was
classified as a felony at the time of the conviction, but has
been reclassified as a misdemeanor pursuant to Act 2015-185,
and the person has not been arrested for any offense,
excluding minor traffic violations, 15 years prior to the
filing of the petition for expungement.
(7) The conviction is not a serious traffic offense, as
provided in Article 9 of Chapter 5A of Title 32.
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provided in Article 9 of Chapter 5A of Title 32.
(c)(1) Subject to Section 15-27-16, records related to
offenses and convictions may be disclosed to a any of the
following:
a. A criminal justice agency, a district attorney, or a
prosecuting authority for criminal investigation purposes as
provided in Section 15-27-7 , to a .
b. A utility and its agents and affiliates , to the .
c. The Department of Human Resources for the purpose of
investigation or assessment in order to protect children or
vulnerable adults , or to any .
d. Any entity or service providing information to
banking, insurance, and other financial institutions as
required for various requirements as provided in state and
federal law. Further, any
(2) Any criminal charges that are expunged or are
pending expungement pursuant to Section 15-27-1 this section
shall be available for use by any attorney, officer of the
court, or the court itself in any civil matters related to the
criminal charges expunged or seeking to be expunged,
regardless of the outcome of the petitioned expungement. At
the conclusion of the pending civil matter, all references to
the criminal charges expunged or to be expunged shall be
redacted in the event the criminal charges are expunged.
(d) The circuit court shall have exclusive jurisdiction
of a petition filed under subsections (a) and (b)."
Section 2. This act shall become effective on October
1, 2024.
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