HB497 By Representatives Baker and Jones RFD Judiciary Rd 1 05-APR-16

SYNOPSIS: Under existing law, a person charged with a misdemeanor criminal offense, traffic violation, or municipal ordinance violation and felony offenses, excluding violent offenses, may petition the circuit court to have the criminal record expunged if the charge was dismissed or if he or she meets other limited conditions.

This bill would expand the expungement of criminal records to include all felony charges, including violent offenses, that are the subject of successful malicious or frivolous prosecution civil claims.

A BILL TO BE ENTITLED AN ACT

To amend Section 15-27-2, Code of Alabama 1975, relating to the expungement of criminal records, to expand the expungement of criminal records to include charges that are the subject of successful malicious prosecution civil claims, including violent felony offenses.

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

§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(14), 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)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.

"(5) 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.

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

"(b) A person who has been charged with any felony offense, including a violent offense as defined in Section 12-25-32(14), 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 charge is the subject of a successful cause of action of malicious or frivolous prosecution in which a final judgment has been entered by a court and in which all of the following have been proven:

"a. A criminal prosecution was instituted or continued with malice and without probable cause.

"b. The prosecution was terminated in the favor of the person subject to the criminal charge.

"c. Damage was caused to the person subject to the criminal charge.

"(b) (c) 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.

Crimes and Offenses

Criminal Law and Procedure

Expungement

Court, Circuit

Civil Procedure

Malicious Prosecution

Code Amended