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HB535 INTRODUCED
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HB535
EJKHG22-1
By Representatives Hendrix, Tillman, McClammy, Daniels,
England
RFD: Judiciary
First Read: 03-Mar-26
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EJKHG22-1 02/16/2026 CMH (L)CMH 2025-3188
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First Read: 03-Mar-26
SYNOPSIS:
Under existing law, a person may petition to
have records of a criminal conviction expunged if
certain requirements are first satisfied. The court may
hold a hearing on the petition, and is only required to
hold a hearing if there is an objection from the
prosecution or a victim of the offense.
This bill would authorize a person whose
conviction was overturned or vacated to petition a
court for the expungement of the conviction.
This bill would authorize a person whose offense
was pardoned to petition a court for the expungement of
the offense.
This bill would require a hearing on the
expungement petition prior to the dismissal of the
petition.
Also under existing law, a filing fee of $500 is
required for any petition for expungement.
This bill would waive the filing fee and
associated court costs if the petition for expungement
is for an arrest record following a finding of not
guilty, or if a petition seeks the expungement of an
overturned or vacated conviction.
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A BILL
TO BE ENTITLED
AN ACT
Relating to expungement; to amend Sections 15-27-1,
15-27-2, 15-27-4, and 15-27-5, Code of Alabama 1975, as last
amended by Act 2025-427, 2025 Regular Session, to further
provide for the right to expungement; to authorize the
expungement of overturned or vacated convictions; to authorize
the expungement of pardoned offenses; and to provide minimum
hearing requirements for an expungement petition.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 15-27-1, 15-27-2, 15-27-4, and
15-27-5, Code of Alabama 1975, as last amended by Act
2025-427, 2025 Regular Session, are amended to read as
follows:
"§15-27-1
(a) A person who has been charged with a misdemeanor
offense, violation, traffic violation, boating 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 relating to the
charge in any of the following circumstances:
(1) When the charge has been dismissed with prejudice
and more than 90 days have passed.
(2) When the charge has been no billed by a grand jury
and more than 90 days have passed.
(3) When the person has been found not guilty of the
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(3) When the person has been found not guilty of the
charge and more than 90 days have passed.
(4) When the charge has been nolle prossed without
conditions, more than 90 days have passed, and the charge or
charges have not been refiled.
(5) When the indictment has been quashed and the
statute of limitations for refiling the charge or charges has
expired or the prosecuting agency confirms that the charge or
charges will not be refiled.
(6)a. When the charge was dismissed after successful
completion of a drug court program, mental health court
program, diversion program, veteran's court program, or any
other court-approved deferred prosecution program.
b. Expungement may be a court-ordered condition of a
program listed in paragraph a.
c. A petition for expungement may be filed one year
from the date of successful completion of a program listed in
paragraph a.
(7) When the charge was dismissed without prejudice
more than one year ago and has not been refiled, and the
person has not been convicted of any other felony or
misdemeanor crime, violation, boating violation, or traffic
violation, excluding minor traffic violations, during the
previous two years.
(8) When the person proves by a preponderance of the
evidence that the person is a victim of human trafficking ,;
that the person committed the misdemeanor offense, violation,
traffic violation, boating violation, or municipal ordinance
violation during the period the person was being trafficked ,;
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violation during the period the person was being trafficked ,;
and that the person would not have committed the offense or
violation but for being trafficked. Evidence that a person is
a victim of human trafficking may include, but is not limited
to, evidence that 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, violation, traffic
violation, boating violation, or municipal ordinance violation
or a person who has been adjudged a youthful offender and the
underlying charge is a misdemeanor offense, violation, traffic
violation, boating 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 relating to the charge and the conviction if all of
the following occur:
(1) Except as provided in Section 15-27-4, all
probation or parole requirements have been completed,
including payment of all fines, costs, restitution, and other
court-ordered amounts, and are evidenced by the applicable
court or agency.
(2) Three years have passed from the date of
conviction.
(3) If the person was convicted of any of the offenses
enumerated in 49 C.F.R. § 383.51, the person was not operating
a commercial motor vehicle at the time of the offense, or was
not holding a commercial driver license or a commercial
learner permit at the time of the offense.
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learner permit at the time of the offense.
(4) The conviction is not a violent offense, as
provided in Section 12-25-32.
(5) The conviction is not a sex offense, as provided in
Section 15-20A-5.
(6) The conviction is not an offense involving moral
turpitude, as provided in Section 17-3-30.1. This subdivision
does not apply if the crime the person was convicted of was
classified as a felony at the time of the conviction, but has
been reclassified as a misdemeanor pursuant to Act 2015-185,
and the person has not been arrested for any offense,
excluding minor traffic violations, 15 years prior to the
filing of the petition for expungement.
(7) The conviction is not a serious traffic offense, as
provided in Article 9 of Chapter 5A of Title 32.
(c) A person who has been convicted of any misdemeanor
offense, violation, traffic violation, boating 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 relating to the
charge and the conviction if the conviction has been vacated
or overturned, or if the person has been granted a certificate
of pardon with restoration of civil and political rights for
the conviction from the Board of Pardons and Paroles.
(c)(d)(1) Subject to Section 15-27-16, records related
to offenses and convictions may be disclosed to any of the
following:
a. A criminal justice agency, district attorney, or
prosecuting authority for criminal investigation purposes as
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prosecuting authority for criminal investigation purposes as
provided in Section 15-27-7.
b. A utility and its agents and affiliates.
c. The Department of Human Resources for the purpose of
investigation or assessment in order to protect children or
vulnerable adults.
d. Any entity or service providing information to
banking, insurance, and other financial institutions as
required for various requirements as provided in state and
federal law.
(2) Any criminal charges that are expunged or 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.
(d)(e) The circuit court shall have exclusive
jurisdiction of a petition filed under subsections (a) and
(b)this section ."
"§15-27-2
(a) A person who has been charged with any felony
offense may file a petition in the criminal division of the
circuit court in the county in which the charges were filed,
to expunge records relating to the charge in any of the
following circumstances:
(1) When the charge is has been dismissed with
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(1) When the charge is has been dismissed with
prejudice and more than 90 days have passed.
(2) When the charge has been no billed by a grand jury
and more than 90 days have passed.
(3) When the person has been found not guilty of the
charge and more than 90 days have passed.
(4) When the charge has been nolle prossed without
conditions, and more than 90 days have passed, and the charge
or charges have not been refiled.
(5) When the indictment has been quashed and the
statute of limitations for refiling the charge or charges has
expired or the prosecuting agency confirms that the charge or
charges will not be refiled.
(6)a. When the charge was dismissed after successful
completion of a drug court program, mental health court
program, diversion program, veteran's court program, or any
other court-approved deferred prosecution program.
b. Expungement may be a court-ordered condition of a
program listed in paragraph a.
c. A petition for expungement may be filed one year
from the date of the successful completion of a program listed
in paragraph a.
(7) When the charge was dismissed without prejudice
more than five years ago and has not been refiled and the
person has not been convicted of any other felony or
misdemeanor crime, any violation, or any traffic violation,
excluding minor traffic violations, during the previous five
years.
(8) When the person proves by a preponderance of the
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(8) When the person proves by a preponderance of the
evidence that the person is a victim of human trafficking,
that the person committed the felony offense during the period
the person was being trafficked, and that the person would not
have committed the felony offense but for being trafficked.
Evidence that a person is a victim of human trafficking may
include, but is not limited to, evidence that the person's
trafficker was convicted of trafficking the person under
Section 13A-6-152 or Section 13A-6-153.
(b) Subsection (a) notwithstanding, convictions for any
of the following violent offenses, as defined in Section
12-25-32, may be expunged upon a showing that the person
committed the felony offense during the period the person was
trafficked, and that the person would not have committed the
felony offense but for being trafficked:
(1) Promoting prostitution in the first degree pursuant
to Section 13A-12-111.
(2) Domestic violence in the third degree pursuant to
subsection (d) of Section 13A-6-132 (d).
(3) Production of obscene matter involving a person
under the age of 17 years pursuant to Section 13A-12-197.
(c) A person who has been convicted of a felony offense
may file a petition in the criminal division of the circuit
court in the county in which the charges were filed to expunge
records relating to the charge and the conviction if all of
the following occur:
(1) The person has been granted a certificate of pardon
with restoration of civil and political rights for the
conviction from the Board of Pardons and Paroles.
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conviction from the Board of Pardons and Paroles.
(2) All civil and political rights that were forfeited
as a result of the conviction have been restored.
(3) One hundred eighty days have passed from the date
of the issuance of the certification of pardon.
(4) Except as provided in subsection (b), the
conviction is not a violent offense, as provided in Section
12-25-32.
(5) The conviction is not a sex offense, as provided in
Section 15-20A-5.
(6) The conviction is not an offense involving moral
turpitude, as provided in Section 17-3-30.1. This subdivision
does not apply if the crime the person was convicted of was
classified as a felony at the time of the conviction, but has
been reclassified as a misdemeanor, pursuant to Act 2015-185,
and the person has not been arrested for any offense,
excluding minor traffic violations, 15 years prior to the
filing of the petition for expungement.
(7) The conviction is not a serious traffic offense, as
provided in Article 9 of Chapter 5A of Title 32.
(8) If the person was convicted of any of the offenses
enumerated in 49 C.F.R. § 383.51, the person was not holding a
commercial driver license or a commercial learner's permit at
the time of the offense, or was not operating a commercial
motor vehicle at the time of the offense.
(d) A person who has been convicted of any felony
offense may file a petition in the criminal division of the
circuit court in the county in which the charges were filed to
expunge records relating to the charge and the conviction if
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expunge records relating to the charge and the conviction if
the conviction has been vacated or overturned, or if the
person has been granted a certificate of pardon with
restoration of civil and political rights for the conviction
from the Board of Pardons and Paroles.
(d)(e) Subject to Section 15-27-16, records related to
offenses and convictions may be disclosed to a criminal
justice agency, a district attorney, or a prosecuting
authority for criminal investigation purposes as provided in
Section 15-27-7, to a utility and its agents and affiliates,
to the Department of Human Resources for the purpose of
investigation or assessment in order to protect children or
vulnerable adults, or to any entity or service providing
information to banking, insurance, and other financial
institutions as required for various requirements as provided
in state and federal law. Further, any criminal charges that
are expunged or are pending expungement pursuant to Section
15-27-2 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.
(e)(f) The circuit court shall have exclusive
jurisdiction of a petition filed under subsection (a), (b), or
(c)."
"§15-27-4
(a) In addition to any cost of court or docket fee for
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(a) In addition to any cost of court or docket fee for
filing the petition in circuit court, an administrative filing
fee of five hundred dollars ($500) shall be paid at the time
the petition is filed and is a condition precedent to any
ruling of the court pursuant to this chapter. The
administrative filing fee shall be distributed as follows:
(1) Seventy-five dollars ($75) to the State Judicial
Administrative Fund.
(2) Twenty-five dollars ($25) to the Alabama Department
of Forensic Sciences.
(3) Fifty dollars ($50) to the district attorney's
office.
(4) Fifty dollars ($50) to the clerk's office of the
circuit court having jurisdiction over the matter, for the use
and benefit of the circuit court clerk.
(5) Fifty dollars ($50) to the Public Safety Fund.
(6) Fifty dollars ($50) to the general fund of the
county where the arresting law enforcement agency is located
if the arrest was made by the sheriff's office to be used for
law enforcement purposes, or, if the arrest was made by
another law enforcement agency, to the municipality or other
entity or state agency funding the law enforcement activity.
(7) One hundred dollars ($100) to the state State
General Fund.
(8) Fifty dollars ($50) to the Education Trust Fund.
(9) Fifty dollars ($50) to the Fair Trial Tax Fund.
(b)(1) When a petitioner is seeking the expungement of
multiple charges arising from one arrest, the petitioner shall
only be required to pay one filing fee pursuant to subsection
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only be required to pay one filing fee pursuant to subsection
(a).
(2) When a petitioner is seeking the expungement of
multiple charges arising from multiple arrests, the petitioner
shall be required to pay a filing fee for each arrest pursuant
to subsection (a).
(c) Notwithstanding subsection (a), a person seeking
relief under this chapter may apply for indigent status by
completing an Affidavit of Substantial Hardship and Order
which shall be submitted with the petition. If the court finds
the petitioner is indigent, the court shall waive the filing
fee provided in subsection (a).
(d) If a petitioner seeks expungement of an arrest or
conviction record and the court in the original case made a
clear and unequivocal judicial finding on the record that the
arrest had no foundation of probable cause, the court, in the
expungement proceeding, shall waive all docket fees and court
costs, except for the filling filing fee in subsection (a).
(e) If a petition seeks the expungement of an arrest
record following a finding of not guilty, or if a petition
seeks the expungement of an overturned or vacated conviction,
the court, in the expungement proceeding, shall waive all
docket fees, court costs, and the filing fee in subsection
(a)."
"§15-27-5
(a)(1) If the prosecuting authority or victim files an
objection to the granting of a petition under this chapter,
the court having jurisdiction over the matter shall set a date
for a hearing no sooner than 30 days from the filing of the
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for a hearing no sooner than 30 days from the filing of the
objection. The court shall notify the prosecuting authority,
the victim, and the petitioner of the hearing date.
(2) If no objection to the petition is filed by the
prosecuting authority or victim, the court having jurisdiction
over the matter may set the matter for a hearing.
(3) The court having jurisdiction over the matter may
not deny a petition under this chapter without conducting the
hearing.
(b) In making its determination, the court shall
consider all of the following factors:
(1) Nature and seriousness of the offense committed.
(2) Circumstances under which the offense occurred.
(3) Date of the offense.
(4) Age of the person when the offense was committed.
(5) Whether the offense was an isolated or repeated
incident.
(6) Other conditions that may have contributed to the
offense.
(7) An available probation or parole record, report, or
recommendation.
(8) Whether the offense was dismissed or nolle prossed
as part of a negotiated plea agreement and whether the
petitioner pleaded guilty to another related or lesser
offense.
(9) Evidence of rehabilitation, including good conduct
in prison or jail or in the community, counseling or
psychiatric treatment received, acquisition of additional
academic or vocational schooling, successful business or
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academic or vocational schooling, successful business or
employment history, and the recommendation of his or her
supervisors or other persons in the community.
(10) Any other matter the court deems relevant, which
may include, but is not limited to, a prior expungement of the
petitioner's records.
(c) A hearing under subsection (a) shall be conducted
in a manner prescribed by the trial judge and shall include
oral argument and review of relevant documentation in support
of, or in objection to, the granting of the petition. The
Alabama Rules of Evidence shall apply to the hearing. Leave of
the court shall be obtained for the taking of witness
testimony relating to any disputed fact.
(d) There is no right to the expungement of any
criminal record, and any Any request for expungement of a
criminal record may be denied at the sole discretion of the
courtfollowing a hearing on the merits of the petition .
(e) The court shall grant the petition if the court is
reasonably satisfied from the evidence that the petitioner has
complied with and satisfied the requirements of this chapter.
The court shall have discretion over the number of cases that
may be expunged pursuant to this chapter after the first case
is expunged.
(f) The ruling of the court shall be subject to appeal
and may not be reversed absent a showing of an abuse of
discretion unless the ruling is clearly erroneous ."
Section 2. This act shall become effective on October
1, 2026.
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