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HB261 • 2026

Expungement; automatic order of expungement, required under certain conditions

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 effectiveness of automatic expungement in improving employment opportunities for affected individuals remains to be seen.

Automatic Expungement of Criminal Records

This bill requires courts to automatically expunge criminal records when certain conditions are met, such as an acquittal or dismissal with prejudice.

What This Bill Does

  • Requires the court to order automatic expungement of a person's criminal record if they have been acquitted or if the charges were dismissed with prejudice, no-billed by a grand jury, or nolle prossed without conditions.
  • Ensures that there are no additional charges filed against the person within 14 days for the court to proceed with expungement.
  • Removes any fees or costs associated with the order of expungement for individuals whose records are expunged under this law.

Who It Names or Affects

  • People who have been acquitted or had their charges dismissed without prejudice for a felony, misdemeanor, violation, traffic violation, boating violation, or municipal ordinance violation.
  • Courts and law enforcement agencies that handle criminal records and expungement requests.

Terms To Know

Expungement
The process of destroying or sealing criminal records so they cannot be seen by the public, except under certain conditions.
Dismissed with prejudice
A legal term meaning that a case is dismissed in such a way that it cannot be brought up again.

Limits and Unknowns

  • The bill does not specify what happens if additional charges are filed within the 14-day period.
  • It is unclear how this will affect individuals who have multiple pending cases or those with complex legal situations.

Amendments

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

KH7D8UA-1

Judiciary

Judiciary 1st Substitute

Plain English: KH7D8UA-1 02/09/2026 CMH (L)CMH 2025-3814 SUB HB261 JUDICIARY SUBSTITUTE TO HB261 OFFERED BY REPRESENTATIVE TILLMAN Page 1 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.

  • KH7D8UA-1 02/09/2026 CMH (L)CMH 2025-3814 SUB HB261 JUDICIARY SUBSTITUTE TO HB261 OFFERED BY REPRESENTATIVE TILLMAN Page 1 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 revise the conditions under which a person is eligible to apply for the expungement of his or her criminal records, including lowering the number of days a person must wait following a dismissal of the charge with prejudice or a finding of not guilty.
  • A BILL TO BE ENTITLED AN ACT Relating to expungement; to amend Sections 15-27-1 and 15-27-2, Code of Alabama 1975, to further provide for the conditions under which a person is eligible for the expungement of certain criminal records.
  • BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1.
  • This amendment summary is using official source text because generated interpretation was skipped for this run.

Bill History

  1. 2026-03-11 House

    Read for the Second Time and placed on the Calendar

  2. 2026-03-11 House

    Reported Out of Committee House of Origin

  3. 2026-03-11 House

    Judiciary 1st Substitute

  4. 2026-01-15 House

    Pending Committee Action in House of Origin

  5. 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
Page 2
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
Page 3
Section 2. This act shall become effective on October
1, 2026.57