Legislative Wrap-Up, 0914 ALBJ, 75 The Alabama Lawyer 342 (2014)
| Author | Othni J. Lathram, J. |
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\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Expungement in Alabama
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0The path allowing for any type of expungement of arrest and criminal records in Alabama has been a long one. For the better part of a decade, Representative Chris England and Senator Roger Bedford, along with many active members of the bar, have fought to gain passage of legislation to allow for expungement in appropriate circumstances. This effort led to passage of legislation during the 2009 Legislative Session but at that time it was pocket vetoed by the governor. That setback only created further resolve and this past session legislation was passed again and this time was signed into law as Act 2014-292.
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Both during the legislative session and since, there have been complaints on both sides of this issue. Some feel this bill does too much and others too little. Some think the list of allowable crimes is too broad and others too narrow. Some think the process is too costly and others too cheap. As most lawyers know, these comments are all the signs of a compromise that is probably very close to the right starting result. This legislation should open the door for an important process in Alabama and, given the level of interest and the nature of the parties involved, it is likely that the process can be tweaked in the future after we get a few years of experience under the current law.
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0The new act will be a life-changer for many Alabamians. An "arrest record," even without a conviction, often adversely affects opportunities for employment, credit, education, housing and professional licenses. With the merit of such a law being obvious, the difficulty rested in developing a process that ensured the rights of the person seeking an expungement while respecting the legitimate logistical needs of the multitude of agencies that will be affected by this new process. The Alabama District Attorneys Association (ADAA) was instrumental in bringing together the critical federal, state and local agencies, as well as private industry stakeholders, to make this law a reality.
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Act 2014-292 addresses several critical issues that will safeguard the integrity of the expungement process. For the person seeking the expungement, as well as the record-keeper being ordered to expunge a criminal record of arrest, vesting jurisdiction with the circuit court ensures a uniform application of the new law. Further, the central repository of expunged records provision provides an archival process that gives flexibility of access by the courts, as well as statutorily exempt entities.
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Given the scope and importance of this act, it is important to provide all lawyers in Alabama with a summary of its key provisions as set forth below. Of course, nothing is a substitute for reading the entirety of the act which can be found on ALISON at www.legislature.state.al.us.
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Effective Date
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Act 2014-292 became effective July 6, 2014.
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Jurisdiction
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0All petitions for expungement must be filed in the criminal division of the circuit court in the county where the charges were filed.
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Scope
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0The scope of the bill includes violations, misdemeanors and non-violent felonies offenses but not convictions.
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0A person who has been charged with a misdemeanor criminal 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 were filed...
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