Section 15-27-20 – Release of Expunged Records for Use in Certain Civil Suits; Hearing.
Section 15-27-20 Release of expunged records for use in certain civil suits; hearing. Records that have been expunged pursuant to this chapter shall be released for use in a civil suit filed by a person for whom expungement was granted that is related to, or arising from, the arrest or conviction that was the subject […]
Section 15-27-21 – Admissibility of Expungement Records in Criminal Trials.
Section 15-27-21 Admissibility of expungement records in criminal trials. A certified record of an expungement is admissible in a criminal trial, subject to the Alabama Rules of Criminal Procedure and the Alabama Rules of Evidence. Prior to the introduction of an expungement by any party, the court shall conduct an in-camera hearing to determine its […]
Section 15-25-33 – Expert Testimony as to Unavailability of Child to Testify.
Section 15-25-33 Expert testimony as to unavailability of child to testify. A finding of unavailability under Section 15-25-32(2)a.1., 3., 4., 5. and 6. must be supported by expert testimony. (Acts 1989, No. 89-876, p. 1754, §4.)
Section 15-27-3 – Submission of Sworn Statement and Records; Service.
Section 15-27-3 Submission of sworn statement and records; service. (a) A petition filed under this chapter shall include a sworn statement made by the person seeking expungement under the penalty of perjury stating that the person has satisfied the requirements set out in this chapter and whether he or she has previously applied for an […]
Section 15-27-19 – Rulemaking Authority.
Section 15-27-19 Rulemaking authority. The Alabama Justice Information Commission shall adopt rules for the submission of data from criminal justice agencies necessary to complete the criminal history record within the state criminal history repository. Data within the repository shall include all records allowed by federal regulation of state repositories. (Act 2014-292, p. 1043, §19; Act […]
Section 15-25-34 – Corroborative Evidence Prerequisite to Admission of Statement.
Section 15-25-34 Corroborative evidence prerequisite to admission of statement. THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. Before a statement may be admitted pursuant to this article on the grounds that the child declarant is unavailable as […]
Section 15-27-4 – Administrative Filing Fee; Indigency.
Section 15-27-4 Administrative filing fee; indigency. (a) In addition to any cost of court or docket fee for filing the petition in circuit court, an administrative filing fee of five hundred dollars ($500) shall be paid at the time the petition is filed and is a condition precedent to any ruling of the court pursuant […]
Section 15-25-35 – Notice to Adverse Party.
Section 15-25-35 Notice to adverse party. The proponent of the statement must inform the adverse party of the opponent’s intention to offer the statement and the content of the statement sufficiently in advance of the proceeding to provide the defendant with a fair opportunity to prepare a response to the statement before the proceeding at […]
Section 15-27-5 – Objections; Hearing; Ruling.
Section 15-27-5 Objections; hearing; ruling. (a) If the prosecuting authority or victim files an objection to the granting of a petition under this chapter, the court having jurisdiction over the matter shall set a date for a hearing no sooner than 14 days from the filing of the objection. The court shall notify the prosecuting […]
Section 15-25-36 – Court to Inform Jury as to Out-of-Court Statement.
Section 15-25-36 Court to inform jury as to out-of-court statement. THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. The court shall inform the jury that the out-of-court statement was taken without the defendant being afforded cross examination […]