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 15-27-4 – 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 15-27-5 – 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 15-27-6 – 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 15-27-7 – 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 15-27-8 – 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 […]
Section 15-27-9 – Definitions.
Section 15-27-9 Definitions. For purposes of this chapter, the following terms shall have the following meanings: (1) CRIMINAL JUSTICE AGENCIES. As defined in Section 41-9-590. (2) RECORD. The term shall include, but is not limited to, all of the following: a. Arrest and conviction records. b. Booking or arrest photographs of the petitioner. c. Index […]
Section 15-27-10 – Maintenance of Investigative Files, Reports, Case Files, Etc.
Section 15-27-10 Maintenance of investigative files, reports, case files, etc. (a) Nothing in this chapter shall prohibit a criminal justice agency, a law enforcement agency or official, a district attorney or a prosecuting authority, the Alabama Department of Forensic Sciences, or the Department of Human Resources from maintaining an investigative file, report, case file, or […]
Section 15-27-11 – Personal Information Subject to Expungement.
Section 15-27-11 Personal information subject to expungement. An order of expungement, pursuant to this chapter may include, but is not limited to, the petitioner’s true name, all aliases, current physical address, date of birth, Social Security number, or any other vital identifier sufficient to notify the record keeper of the records to be expunged. (Act […]