Prison Reform
SB14 - Expungement, to expand the expungement of criminal records to include convictions of certain misdemeanor offenses, traffic violations, municipal ordinances, and felony offenses, to increase the filing fee for expungements, Secs. 15-27-1, 15-27-2, 15-27-4, 15-27-5, 15-27-7 to 15-27-10, inclusive, 15-27-19 am'd.
Sponsor(s): Senator Ward
Synopsis and Analysis: Under current law, a person convicted of a criminal offense may only apply for an expungement in very limited circumstances. This bill would expand the expungement of criminal records to include convictions of certain misdemeanor offenses, traffic violations, municipal ordinances, and felony offenses. This bill would also make nonsubstantive, technical revisions to update the existing code language to current style. Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose. The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.
The bill would expand the types of convictions eligible for expungement, which would arguably make it easier for people with convictions to get jobs. However, it also increases the filing fee by $200. This may be prohibitive for some people who have convictions, but petitioners who are found to be indigent may apply for a payment plan.
League Action and Justification: Monitor. The League of Women Voters holds no position on the particular issue affected by this bill.
Bill Progress in Legislature
Go here to get more information about the bill and changes in the bill as it progresses through the legislature.
SB14 - Expungement, to expand the expungement of criminal records to include convictions of certain misdemeanor offenses, traffic violations, municipal ordinances, and felony offenses, to increase the filing fee for expungements, Secs. 15-27-1, 15-27-2, 15-27-4, 15-27-5, 15-27-7 to 15-27-10, inclusive, 15-27-19 am'd.
Sponsor(s): Senator Ward
Synopsis and Analysis: Under current law, a person convicted of a criminal offense may only apply for an expungement in very limited circumstances. This bill would expand the expungement of criminal records to include convictions of certain misdemeanor offenses, traffic violations, municipal ordinances, and felony offenses. This bill would also make nonsubstantive, technical revisions to update the existing code language to current style. Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose. The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.
The bill would expand the types of convictions eligible for expungement, which would arguably make it easier for people with convictions to get jobs. However, it also increases the filing fee by $200. This may be prohibitive for some people who have convictions, but petitioners who are found to be indigent may apply for a payment plan.
League Action and Justification: Monitor. The League of Women Voters holds no position on the particular issue affected by this bill.
Bill Progress in Legislature
Go here to get more information about the bill and changes in the bill as it progresses through the legislature.
| Calendar Date | Body | Amd/Sub | Matter | Committee | Nay | Yea | Abstain | Vote |
| 02/04/2020 | S | Read for the first time and referred to the Senate committee on Judiciary | JUDY | | | | | |
03/12/2020 | S | Read for the second time and placed on the calendar 1 amendment | | 1 | 8 | 0 | | |
| S | Pending third reading on day 13 Favorable from Judiciary with 1 amendment | | | | | | |
| S | 205521-1 | Judiciary first Amendment Offered | | | |
Fiscal Note for SB14
Additional Note: Amendment 205521-1 would increase the amount of time someone must wait to apply for an expungement.
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