SB 153 — Expungement , to provide that a person adjudged youthful offender for a misdemeanor offense, violation, traffic violation, or municipal ordinance violation may file a petition to have records expunged.

SB153 INTRODUCEDENROLLED SB153 AMTGQ7Q-1AMTGQ7Q-2 By Senator Jones RFD:

21-Feb-24 Page 0 AMTGQ7Q-1SB153 11/07/2023Enrolled ANSEnrolled, (L)maAn 2023-3353Act, 23 4Relating SYNOPSIS:to criminal procedure;

Under existing law, a person who has been convicted of a misdemeanor offense, violation, traffic violation, or municipal ordinance violation may file a petition to expunge the records relating to the charge and conviction under certain circumstances.

This bill would provide that a person who has been adjudged a youthful offender and the underlying charge is a misdemeanor offense, violation, traffic violation, or municipal ordinance violation can file a petition to expunge the records relating to the charge and conviction under certain circumstances.

A BILL TO BE ENTITLED AN ACT Relating to criminal procedure;

Page 1 SB153 INTRODUCED BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

(4) When the charge has been nolle prossed without conditions, more than 90 days have passed, and the charge or Page 1 SB153 Enrolled charges have not been refiled.

Expungement may be a court-ordered condition of a Page 2 SB153 INTRODUCED program listed in paragraph a.

Evidence that a person is a victim of human trafficking may include, but is not limited to, evidence that Page 2 SB153 Enrolled the person's trafficker was convicted of trafficking the person under Section 13A-6-152 or Section 13A-6-153.

(b) Subsection (a) notwithstanding, a person who has been convicted of a misdemeanor offense, a violation, a traffic violation, or a municipal ordinance violation or a person who has been adjudged a youthful offender and the underlying charge is a misdemeanor offense, violation, traffic violation, or municipal ordinance violation may file a petition in the criminal division of the circuit court in the county in which the charges were filed to expunge records Page 3 SB153 INTRODUCED relating to the charge and the conviction if all of the following occur:

(3) If the person was convicted of any of the offenses 95 enumerated in 49 C.F.R.

Page 3 SB153 Enrolled (6) The conviction is not an offense involving moral turpitude, as provided in Section 17-3-30.1.

Page95 4 SB153 INTRODUCED (c)(1) Subject to Section 15-27-16, records related to offenses and convictions may be disclosed to a any of the following:

Further, any (2) Any criminal charges that are expunged or are pending expungement pursuant to Section 15-27-1 this section shall be available for use by any attorney, officer of the court, or the court itself in any civil matters related to the Page 4 SB153 Enrolled criminal charges expunged or seeking to be expunged, regardless of the outcome of the petitioned expungement.

Page 5 SB153 Enrolled ________________________________________________ President and Presiding Officer of the Senate ________________________________________________ Speaker of the House of Representatives SB153 Senate 19-Mar-24 I hereby certify that the within Act originated in and passed the Senate.

Patrick Harris, Secretary.

House of Representatives Passed:

08-May-24 By:

Senator Jones Page 6