AL
Alabama Senate Bill SB153

Alabama 2024 Regular Session

Alabama Senate Bill SB153 Compare Versions

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1-SB153ENROLLED
1+SB153INTRODUCED
22 Page 0
33 SB153
4-AMTGQ7Q-2
4+AMTGQ7Q-1
55 By Senator Jones
66 RFD: Judiciary
77 First Read: 21-Feb-24
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12-5 SB153 Enrolled
12+5 AMTGQ7Q-1 11/07/2023 ANS (L)ma 2023-3353
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1414 First Read: 21-Feb-24
15-Enrolled, An Act,
15+SYNOPSIS:
16+Under existing law, a person who has been
17+convicted of a misdemeanor offense, violation, traffic
18+violation, or municipal ordinance violation may file a
19+petition to expunge the records relating to the charge
20+and conviction under certain circumstances.
21+This bill would provide that a person who has
22+been adjudged a youthful offender and the underlying
23+charge is a misdemeanor offense, violation, traffic
24+violation, or municipal ordinance violation can file a
25+petition to expunge the records relating to the charge
26+and conviction under certain circumstances.
27+A BILL
28+TO BE ENTITLED
29+AN ACT
1630 Relating to criminal procedure; to amend Section
1731 15-27-1, Code of Alabama 1975, to provide that a person who
1832 has been adjudged a youthful offender and the underlying
1933 charge is a misdemeanor offense, violation, traffic violation,
2034 or municipal ordinance violation can file a petition to
2135 expunge the records relating to the charge and conviction
2236 under certain circumstances.
23-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
24-Section 1. Section 15-27-1, Code of Alabama 1975, is
25-amended to read as follows:
26-"§15-27-1
27-(a) A person who has been charged with a misdemeanor
28-offense, a violation, a traffic violation, or a municipal
29-ordinance violation may file a petition in the criminal
30-division of the circuit court in the county in which the
31-charges were filed, to expunge records relating to the charge
32-in any of the following circumstances:
33-(1) When the charge has been dismissed with prejudice
34-and more than 90 days have passed.
35-(2) When the charge has been no billed by a grand jury
36-and more than 90 days have passed.
37-(3) When the person has been found not guilty of the
38-charge and more than 90 days have passed.
39-(4) When the charge has been nolle prossed without
40-conditions, more than 90 days have passed, and the charge or
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66+under certain circumstances.
67+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
68+Section 1. Section 15-27-1, Code of Alabama 1975, is
69+amended to read as follows:
70+"§15-27-1
71+(a) A person who has been charged with a misdemeanor
72+offense, a violation, a traffic violation, or a municipal
73+ordinance violation may file a petition in the criminal
74+division of the circuit court in the county in which the
75+charges were filed, to expunge records relating to the charge
76+in any of the following circumstances:
77+(1) When the charge has been dismissed with prejudice
78+and more than 90 days have passed.
79+(2) When the charge has been no billed by a grand jury
80+and more than 90 days have passed.
81+(3) When the person has been found not guilty of the
82+charge and more than 90 days have passed.
83+(4) When the charge has been nolle prossed without
7084 conditions, more than 90 days have passed, and the charge or
7185 charges have not been refiled.
7286 (5) When the indictment has been quashed and the
7387 statute of limitations for refiling the charge or charges has
7488 expired or the prosecuting agency confirms that the charge or
7589 charges will not be refiled.
7690 (6)a. When the charge was dismissed after successful
7791 completion of a drug court program, mental health court
7892 program, diversion program, veteran's court program, or any
7993 other court-approved deferred prosecution program.
8094 b. Expungement may be a court-ordered condition of a
81-program listed in paragraph a.
82-c. A petition for expungement may be filed one year
83-from the date of successful completion of a program listed in
84-paragraph a.
85-(7) When the charge was dismissed without prejudice
86-more than one year ago and has not been refiled, and the
87-person has not been convicted of any other felony or
88-misdemeanor crime, any violation, or any traffic violation,
89-excluding minor traffic violations, during the previous two
90-years.
91-(8) When the person proves by a preponderance of the
92-evidence that the person is a victim of human trafficking,
93-that the person committed the misdemeanor offense, violation,
94-traffic violation, or municipal ordinance violation during the
95-period the person was being trafficked, and that the person
96-would not have committed the offense or violation but for
97-being trafficked. Evidence that a person is a victim of human
98-trafficking may include, but is not limited to, evidence that
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124+b. Expungement may be a court-ordered condition of a
125+program listed in paragraph a.
126+c. A petition for expungement may be filed one year
127+from the date of successful completion of a program listed in
128+paragraph a.
129+(7) When the charge was dismissed without prejudice
130+more than one year ago and has not been refiled, and the
131+person has not been convicted of any other felony or
132+misdemeanor crime, any violation, or any traffic violation,
133+excluding minor traffic violations, during the previous two
134+years.
135+(8) When the person proves by a preponderance of the
136+evidence that the person is a victim of human trafficking,
137+that the person committed the misdemeanor offense, violation,
138+traffic violation, or municipal ordinance violation during the
139+period the person was being trafficked, and that the person
140+would not have committed the offense or violation but for
141+being trafficked. Evidence that a person is a victim of human
128142 trafficking may include, but is not limited to, evidence that
129143 the person's trafficker was convicted of trafficking the
130144 person under Section 13A-6-152 or Section 13A-6-153.
131145 (b) Subsection (a) notwithstanding, a person who has
132146 been convicted of a misdemeanor offense, a violation, a
133147 traffic violation, or a municipal ordinance violation or a
134148 person who has been adjudged a youthful offender and the
135149 underlying charge is a misdemeanor offense, violation, traffic
136150 violation, or municipal ordinance violation may file a
137151 petition in the criminal division of the circuit court in the
138152 county in which the charges were filed to expunge records
139-relating to the charge and the conviction if all of the
140-following occur:
141-(1) Except as provided in Section 15-27-4, all
142-probation or parole requirements have been completed,
143-including payment of all fines, costs, restitution, and other
144-court-ordered amounts, and are evidenced by the applicable
145-court or agency.
146-(2) Three years have passed from the date of
147-conviction.
148-(3) If the person was convicted of any of the offenses
149-enumerated in 49 C.F.R. § 383.51, the person was not operating
150-a commercial motor vehicle at the time of the offense, or was
151-not holding a commercial driver license or a commercial
152-learner'slearner permit at the time of the offense.
153-(4) The conviction is not a violent offense, as
154-provided in Section 12-25-32.
155-(5) The conviction is not a sex offense, as provided in
156-Section 15-20A-5.
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182+county in which the charges were filed to expunge records
183+relating to the charge and the conviction if all of the
184+following occur:
185+(1) Except as provided in Section 15-27-4, all
186+probation or parole requirements have been completed,
187+including payment of all fines, costs, restitution, and other
188+court-ordered amounts, and are evidenced by the applicable
189+court or agency.
190+(2) Three years have passed from the date of
191+conviction.
192+(3) If the person was convicted of any of the offenses
193+enumerated in 49 C.F.R. § 383.51, the person was not operating
194+a commercial motor vehicle at the time of the offense, or was
195+not holding a commercial driver license or a commercial
196+learner'slearner permit at the time of the offense.
197+(4) The conviction is not a violent offense, as
198+provided in Section 12-25-32.
199+(5) The conviction is not a sex offense, as provided in
186200 Section 15-20A-5.
187201 (6) The conviction is not an offense involving moral
188202 turpitude, as provided in Section 17-3-30.1. This subdivision
189203 does not apply if the crime the person was convicted of was
190204 classified as a felony at the time of the conviction, but has
191205 been reclassified as a misdemeanor pursuant to Act 2015-185,
192206 and the person has not been arrested for any offense,
193207 excluding minor traffic violations, 15 years prior to the
194208 filing of the petition for expungement.
195209 (7) The conviction is not a serious traffic offense, as
196210 provided in Article 9 of Chapter 5A of Title 32.
197-(c)(1) Subject to Section 15-27-16, records related to
198-offenses and convictions may be disclosed to a any of the
199-following:
200-a. A criminal justice agency, a district attorney, or a
201-prosecuting authority for criminal investigation purposes as
202-provided in Section 15-27-7 , to a .
203-b. A utility and its agents and affiliates , to the .
204-c. The Department of Human Resources for the purpose of
205-investigation or assessment in order to protect children or
206-vulnerable adults , or to any .
207-d. Any entity or service providing information to
208-banking, insurance, and other financial institutions as
209-required for various requirements as provided in state and
210-federal law. Further, any
211-(2) Any criminal charges that are expunged or are
212-pending expungement pursuant to Section 15-27-1 this section
213-shall be available for use by any attorney, officer of the
214-court, or the court itself in any civil matters related to the
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240+provided in Article 9 of Chapter 5A of Title 32.
241+(c)(1) Subject to Section 15-27-16, records related to
242+offenses and convictions may be disclosed to a any of the
243+following:
244+a. A criminal justice agency, a district attorney, or a
245+prosecuting authority for criminal investigation purposes as
246+provided in Section 15-27-7 , to a .
247+b. A utility and its agents and affiliates , to the .
248+c. The Department of Human Resources for the purpose of
249+investigation or assessment in order to protect children or
250+vulnerable adults , or to any .
251+d. Any entity or service providing information to
252+banking, insurance, and other financial institutions as
253+required for various requirements as provided in state and
254+federal law. Further, any
255+(2) Any criminal charges that are expunged or are
256+pending expungement pursuant to Section 15-27-1 this section
257+shall be available for use by any attorney, officer of the
244258 court, or the court itself in any civil matters related to the
245259 criminal charges expunged or seeking to be expunged,
246260 regardless of the outcome of the petitioned expungement. At
247261 the conclusion of the pending civil matter, all references to
248262 the criminal charges expunged or to be expunged shall be
249263 redacted in the event the criminal charges are expunged.
250264 (d) The circuit court shall have exclusive jurisdiction
251265 of a petition filed under subsections (a) and (b)."
252266 Section 2. This act shall become effective on October
253267 1, 2024.
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264-1, 2024.
265-________________________________________________
266-President and Presiding Officer of the Senate
267-________________________________________________
268-Speaker of the House of Representatives
269-SB153
270-Senate 19-Mar-24
271-I hereby certify that the within Act originated in and passed
272-the Senate.
273-Patrick Harris,
274-Secretary.
275-House of Representatives
276-Passed: 08-May-24
277-By: Senator Jones
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