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 15-25-31 – Out-of-Court Statement – When Admissible.
Section 15-25-31 Out-of-court statement – When admissible. 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. An out-of-court statement made by a child under 12 years of age at the time the statement is made concerning an act […]
Section 15-27-2 – Petition to Expunge Records – Felony Offense.
Section 15-27-2 Petition to expunge records – Felony offense. (a) A person who has been charged with any felony offense 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) […]
Section 15-27-17 – Filing Under False Pretenses.
Section 15-27-17 Filing under false pretenses. Upon determination by the court that a petition for expungement was filed under false pretenses and was granted, the order of expungement shall be reversed and the criminal history record shall be restored to reflect the original charges. (Act 2014-292, p. 1043, §17.)
Section 15-25-32 – Out-of-Court Statement – Requirements for Admissibility.
Section 15-25-32 Out-of-court statement – Requirements for admissibility. 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. An out-of-court statement may be admitted as provided in Section 15-25-31, if: (1) The child testifies at the proceeding, or testifies […]
Section 15-27-2.1 – Limitations on Number of Expungements Granted.
Section 15-27-2.1 Limitations on number of expungements granted. (a)(1) A person may be granted unlimited expungements pursuant to subdivisions (a)(1) through (a)(5) and (a)(7) and (a)(8) of Section 15-27-1, subdivisions (a)(1) through (a)(5) and (a)(7) and (a)(8) of Section 15-27-2, and subsection (b) of Section 15-27-2. (2) A person may only be granted one expungement […]
Section 15-27-18 – Applicants for Position in Law Enforcement, Etc.
Section 15-27-18 Applicants for position in law enforcement, etc. Notwithstanding any other provision of this chapter, an applicant for a position in law enforcement or corrections or a law enforcement or correctional officer shall disclose and produce any expunged record pursuant to this chapter or any other state law to the Alabama Peace Officers’ Standards […]
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 […]