Expungement; automatic order of expungement, required under certain conditions

Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Tillman
Last action: 2026-03-11
Official status: Read Second Time in House of Origin
Effective date: Not listed

Plain English Breakdown

The bill text states this act becomes effective on October 1, 2026.

Automatic Expungement for Dismissed or Acquitted Charges

This law requires courts to automatically order the removal of criminal records when charges are dismissed with prejudice, not billed by a grand jury, result in acquittal, or are nolle prossed without conditions.

What This Bill Does

Requires the court to order expungement on its own motion if specific outcomes occur for felony, misdemeanor, violation, traffic, boating, or municipal ordinance charges.
Mandates that no fees or court costs be charged to a person whose records are removed under this law.
Allows attorneys and courts to use these records in related civil cases until those matters conclude.
Requires redaction of references to the criminal charges from civil case files once expungement is finalized.

Who It Names or Affects

People charged with felonies, misdemeanors, violations, traffic offenses, boating offenses, or municipal ordinance violations who are acquitted or have their cases dismissed.
Circuit courts that must issue the orders to remove records without waiting for a petition.

Terms To Know

Expungement: The legal process of removing criminal charges from public record as if they never happened.
Dismissed with prejudice: A court decision to end a case permanently so it cannot be filed again against the same person for that charge.
No billed by grand jury: When a group of citizens called a grand jury decides there is not enough evidence to formally accuse someone of a crime.
Nolle prossed without conditions: A prosecutor's decision to drop charges permanently and unconditionally, meaning the case will not be pursued further.

Limits and Unknowns

The automatic expungement does not happen if new charges are filed against the person within 14 calendar days.
This law only applies to cases that have reached a final outcome like acquittal or dismissal; it does not cover pending cases.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

KH7D8UA-1

Judiciary

Judiciary 1st Substitute

Plain English: This amendment shortens the waiting time for people with dismissed charges or not-guilty verdicts to clear their records from 90 days down to 30 days.

Reduces the required wait time after a charge is dismissed with prejudice from more than 90 days to more than 30 days before applying for expungement.
Shortens the waiting period after being found not guilty at trial from more than 90 days to more than 30 days.

The provided text is truncated and does not show the full details of how records are handled in civil cases or other sections that may have been changed.
Some specific legal terms like 'nolle prossed' or references to external laws (like Section 12-25-32) are included but their exact definitions require looking up outside sources.

Bill History

2026-03-11 House
Read for the Second Time and placed on the Calendar
2026-03-11 House
Reported Out of Committee House of Origin
2026-03-11 House
Judiciary 1st Substitute
2026-01-15 House
Pending Committee Action in House of Origin
2026-01-15 House
Read for the first time and referred to the House Committee on Judiciary

Official Summary Text

Expungement; automatic order of expungement, required under certain conditions

Current Bill Text

Read the full stored bill text

HB261 INTRODUCED
Page 0
HB261
NR64BJ8-1
By Representatives Tillman, England, Chestnut, Drummond,
Warren
RFD: Judiciary
First Read: 15-Jan-26
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NR64BJ8-1 01/15/2026 CMH (L)CMH 2025-3814
Page 1
First Read: 15-Jan-26
SYNOPSIS:
Under existing law, following an acquittal or
dismissal of a felony, misdemeanor, violation, traffic
violation, boating violation, or municipal ordinance
violation, the defendant may petition the circuit court
in which the charges were filed to have the records
expunged.
This bill would provide that if a person is
acquitted of the offense or if the charge is dismissed
with prejudice, no billed by the grand jury, or nolle
prossed without conditions, and no additional charges
have been filed, the court, on its motion, must order
the records of the charge to be dismissed.
A BILL
TO BE ENTITLED
AN ACT
Relating to expungement; to provide for the automatic
expungement of individuals following an acquittal or dismissal
of certain charges.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) A court, on its own motion and without a
petition, shall order the expungement of records relating to a
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HB261 INTRODUCED
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petition, shall order the expungement of records relating to a
charge against a person when all of the following occur:
(1) The person has been charged with a felony,
misdemeanor, violation, traffic violation, boating violation,
or municipal ordinance violation.
(2) Any of the following have occurred with respect to
the charged offense:
a. The charge has been dismissed with prejudice.
b. The charge has been no billed by a grand jury.
c. The person has been acquitted or otherwise found not
guilty of the charge.
d. The charge has been nolle prossed without
conditions.
(3) The charged offense has not been refiled against
the person within 14 calendar days.
(b) A person whose records are expunged pursuant to
this section shall not be required to pay any fee or court
costs associated with the order of expungement.
(c) A record of any criminal charges that a court
orders to be expunged or that are pending expungement pursuant
to 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 criminal charges expunged or seeking to be
expunged, regardless of the outcome of the petitioned
expungement. At the conclusion of the pending civil matter,
all references to the criminal charges expunged or to be
expunged shall be redacted in the event the criminal charges
are expunged.
Section 2. This act shall become effective on October
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HB261 INTRODUCED
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Section 2. This act shall become effective on October
1, 2026.57