Section 15-27-1 Petition to expunge records – Misdemeanor criminal offense, traffic violation, municipal ordinance violation. (a) A person who has been charged with a misdemeanor offense, a violation, a traffic violation, or a municipal ordinance violation may file a petition in the criminal division of the circuit court in the county in which the charges […]
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. 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 […]
Section 15-27-12 Prerequisites to expungement. No order of expungement shall be granted unless all terms and conditions, including court ordered restitution, are satisfied and paid in full, including interest, to any victim, or the Alabama Crime Victim’s Compensation Commission, as well as court costs, fines, or statutory fees ordered by the sentencing court to have […]
Section 15-27-13 Annual report. Upon request, the Administrative Office of Courts shall provide an annual report to the Legislature specifying the number of applicants requesting expungement, the number of expungements granted, a list of the offenses expunged, and a list of the offenses not expunged. The report shall not include any case specific identifying information. […]
Section 15-27-14 Applicability – Alabama Securities Commission. Nothing in this chapter shall be applicable to the Alabama Securities Commission, its statutes, rules, regulations, policies, information repository, or records, nor shall any expungement information, record, document, whether printed, electronic, or otherwise, or file which is expunged under this chapter be considered nondisclosable or nonreportable to or […]
Section 15-27-15 Applicability – Right to ship, transport, possess, or receive firearm. An expungement order shall not entitle an individual to ship, transport, possess, or receive a firearm. Any person whose record of conviction is expunged pursuant to this chapter may have his or her right to ship, transport, possess, or receive a firearm restored […]
Section 15-27-16 Disclosure of information from expunged file without a court order; liability. (a) Notwithstanding any other provision of this chapter, an individual who knows an expungement order was granted pursuant to this chapter and who intentionally and maliciously divulges, makes known, reveals, gives access to, makes public, uses, or otherwise discloses the contents of […]
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 15-27-18 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 15-27-19 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 15-27-2 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 15-27-2.1 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 15-27-20 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. 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 15-27-3 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 15-27-4 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. (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. (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. (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 […]
