SB162 By Senator Whatley RFD Judiciary Rd 1 06-FEB-20

SYNOPSIS: Under existing law, a person who has been charged with a felony, misdemeanor, violation, traffic violation, or municipal ordinance violation may file a petition to expunge the records relating to that charge under certain circumstances, including when the charge is dismissed with prejudice and when the person has been found not guilty of the charge.

Also under existing law, when a person has been charged with a crime that was committed while the person was under the age of 19 and the charge was not disposed of in juvenile court, the person may be charged as tried as a youthful offender, which has the effect of closing the case to the public, sealing the record of the case, and reducing the maximum time of incarceration.

This bill would provide that when a person is charged with a crime that is not considered by law to be driving under the influence or a violent offense, and the person is charged as or adjudged a youthful offender, the person would be eligible to file a petition to expunge the records relating to that charge under certain circumstances.

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 provide for the expungement of the criminal records of a youthful offender under certain circumstances.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 15-27-1 and 15-27-2, Code of Alabama 1975, are amended to read as follows:

§15-27-1.

"(a) A person who has been charged with a misdemeanor criminal offense, a violation, a traffic violation, or a 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 is dismissed with prejudice.

"(2) When the charge has been no billed by a grand jury.

"(3) When the person has been found not guilty of the charge.

"(4) When the charge was dismissed without prejudice more than two years ago, 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 two years.

"(5) 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 criminal offense, violation, traffic violation, or municipal ordinance 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.

"(6) When the person has been charged as or adjudged a youthful offender with regard to the offense and, if applicable, the person has completed any sentence or period of probation ordered by the court as part of that adjudication.

"(b) The circuit court shall have exclusive jurisdiction of a petition filed under subsection (a).

§15-27-2.

"(a) A person who has been charged with a felony offense, except a violent offense as defined in Section 12-25-32, 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 dismissed with prejudice.

"(2) When the charge has been no billed by a grand jury.

"(3)a. The charge was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran's court, or any court-approved deferred prosecution program after one year from successful completion of the program.

"b. Expungement may be a court-ordered condition of a program listed in paragraph a.

"(4) The charge was dismissed without prejudice more than five years ago, 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.

"(5) Ninety days have passed from the date of dismissal with prejudice, no-bill, acquittal, or nolle prosequi and the charge has not been refiled.

"(6) 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.

"(7) Except for a charge of driving under the influence under Section 32-5A-191, when the person has been charged as or adjudged a youthful offender with regard to the offense and, if applicable, the person has completed any sentence or period of probation ordered by the court as part of that adjudication.

"(b) Subsection (a) notwithstanding, convictions for the following offenses, which are defined as a violent offense under subdivision (15) of 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.

"(3) Production of obscene matter involving a person under the age of 17 years pursuant to Section 13A-12-197.

"(c)(1) A person who has been charged with any felony offense, including a violent offense as defined in Section 12-25-32, 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 if the person has been found not guilty of the charge.

"(2) Records related to violent offenses as defined in Section 12-25-32 may be disclosed to a law enforcement agency for criminal investigation purposes as provided in Section 15-27-7.

"(d) The circuit court shall have exclusive jurisdiction of a petition filed under subsection (a) or subsection (b)."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Criminal Law and Procedure

Crimes and Offenses

Expungement

Youthful Offenders

Code Amended