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 15-27-3 – 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 15-27-4 – 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 […]