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 15-27-20 – 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 15-25-35 – 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 […]
Section 15-27-6 – Order of Expungement; Certification; Inspection of Expunged Records.
Section 15-27-6 Order of expungement; certification; inspection of expunged records. (a) Except as provided in Section 15-27-10, upon the granting of a petition pursuant to this chapter, the court, pursuant to Section 15-27-9, shall order the expungement of all records in the custody of the court and any records in the custody of any other […]
Section 15-25-37 – Factors in Considering Trustworthiness of Statement.
Section 15-25-37 Factors in considering trustworthiness 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. In determining whether a statement possesses particularized guarantees of trustworthiness under Section 15-25-32(2)b, the court shall consider any one, but is […]
Section 15-27-7 – Archive of Records; Withdrawal of Records From National Criminal Records Repository.
Section 15-27-7 Archive of records; withdrawal of records from national criminal records repository. (a) Upon receipt of the order of expungement, a criminal justice agency in possession of records subject to the order shall immediately forward the records to the Alabama State Law Enforcement Agency. The agency shall digitally archive the records in a manner […]
Section 15-25-39 – “A Child Physical Offense, Sexual Offense, and Exploitation” Defined.
Section 15-25-39 “A child physical offense, sexual offense, and exploitation” defined. 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. For purposes of this article, “a child physical offense, sexual offense, and exploitation” is defined to include the […]
Section 15-27-8 – Records Forwarded to and Retained by Alabama State Law Enforcement Agency.
Section 15-27-8 Records forwarded to and retained by Alabama State Law Enforcement Agency. Once the records are expunged pursuant to this chapter, the records shall be forwarded to the Alabama State Law Enforcement Agency in a manner prescribed by the Alabama Justice Information Commission for purposes of archiving, and the records shall be stored in […]