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 […]
Section 15-25-40 – Effect Upon Otherwise Admissible Out-of-Court Statements.
Section 15-25-40 Effect upon otherwise admissible out-of-court statements. Nothing contained in this article shall be construed to limit or prevent the admissibility of any out-of-court statement that would be admissible if this article did not exist. (Acts 1989, No. 89-876, p. 1754, §10.)
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 15-26-1 – Conduct of Pre-Trial Proceeding by Audio-Video Communication Device.
Section 15-26-1 Conduct of pre-trial proceeding by audio-video communication device. Whenever the law requires a defendant in a criminal case to appear before any judge or magistrate for a first or subsequent appearance, bail, arraignment, or other pre-trial proceeding, at the discretion of the court, the proceeding may be conducted by an audio-video communication device, […]