LEGISLATURE PROPOSES TO EXPAND EXPUNGEMENT LAW

Alabama Expungement LawThe Alabama Legislature Will Consider Amending Expungement Law To Include Convictions

A bill filed in the Alabama Legislature House of Representatives proposes to amend the Expungement Law to include convictions for misdemeanors, traffic offenses, city ordinance violations and Class C or D felony convictions. The bill also amends the law to specifically allow expungement for youthful offender adjudications.

Under the new legislation the law would be expanded to include convictions for misdemeanor criminal offenses, traffic violations, city ordinance convictions, and certain Class C and Class D felony convictions, as well as youthful offender cases.

The proposed amendment to the expungement law allows for a petition to be filed to expunge a conviction of a misdemeanor criminal offense, a traffic violation, or a municipal ordinance violation, under the following conditions:

  • All probation and parole requirements of been completed, including full payment of fines, costs, restitution, or other court ordered payments
  • Three years have passed from the date of conviction
  • The petitioner has no prior conviction of a violent felony offense as defined under Alabama law
  • The petitioner is not a convicted sex offender
  • The petitioner was not operating a commercial vehicle that require the person to possess a commercial drivers license at the time of the violation
  • The petitioner was not convicted of any of the offenses set out in 49 C.F.R. § 383.51 (regarding disqualifications for CDL licenses)

The proposed law allows for an expungement petition to be filed on Class C andClass D nonviolent and non-sex related felonies under the following circumstances:

  • All probation or parole requirements of been met and all fines cost restitution or other court-ordered amounts have been fully paid
  • Five years is passed from the data conviction
  • The person petitioning the court has no prior conviction of any felony offense
  • The offense is not a violent felony is defined by Alabama law
  • The offense is not a sex offense as defined by Alabama Code § 15-28–5
  • The person is not a convicted sex offender
  • The person does not have a criminal charge pending

 

The filing fee of $300 for the expungement of cases where there was no conviction, or the person was found not guilty remains the same.  For expungement petitions on convictions, the filing fee is set at $500.

For more information about the proposed amendments to the Alabama Expungement Law, visit the BRADFORD LADNER LLP Alabama expungement law page.