SB174 By Senator Whatley RFD Judiciary Rd 1 09-FEB-16

SYNOPSIS: Under existing law, a person charged with a crime that is committed when he or she is under the age of 19 may be charged as a youthful offender.

Also under existing law, a person charged with a misdemeanor criminal offense, traffic violation, or municipal ordinance violation and certain felony 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 provide for the expungement of the criminal record of a youthful offender.

A BILL TO BE ENTITLED AN ACT

To add Section 15-27-2.1 to the Code of Alabama 1975; to provide for the expungement of the criminal record of a person charged as a youthful offender.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Section 15-27-2.1 is added to the Code of Alabama 1975, to read as follows:

§15-27-2.1.

(a) Except as provided in subsection (b), a person who has been charged or convicted as a youthful offender may petition the criminal division of the circuit court in the county in which the charges were filed to expunge the criminal record of the youthful offender.

(b) If the youthful offender is treated as an adult sex offender pursuant to Section 15-20A-35, the criminal record of the youthful offender may not be expunged.

(c) A youthful offender petitioning for expungement shall satisfy, and be subject to, all other procedures or requirements of this chapter relating to the expungement of criminal records.

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

Youthful Offenders

Court, Circuit

Records

Code Added