Code of Alabama

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15-27-7
Section 15-27-7 Archive of records; withdrawal of records from national criminal records repository.
(a) Upon receipt of the order of expungement, a criminal justice agency in possession of records
subject to the order shall immediately forward the records to the Alabama Criminal Justice
Information Center. The center shall digitally archive the records in a manner prescribed
by the Alabama Criminal Justice Information Center Commission and designate the records as
protected notwithstanding any other provisions of this chapter. Such records may not be used
for any non-criminal justice purpose and may only be made available to criminal justice agencies
upon acknowledgement of an investigation or other criminal matter involving the person related
to the expungement. Any expunged records that were added to a federal database shall be requested
to be removed and not made available within any interstate criminal database. (b) Records
expunged under this chapter may not be transmitted to the...
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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have the
following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE FACILITY.
A person or entity holding a Department of Human Resources license or approval or certification
to provide care, including foster care, for adults. (3) APPLICANT. A person or entity who
submits an application for license as a child care or adult care facility to the Department
of Human Resources or a child placing agency, or an application for employment or for a volunteer
position to a Department of Human Resources licensed child care or adult care facility. With
regard to child care and adult care facilities in a home setting, the term includes an adult
household member whose residence is in the home. The term also includes an individual who
submits an application for a volunteer position or for employment with the Department of Human
Resources in a position in which the person has unsupervised...
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15-27-8
Section 15-27-8 Records forwarded to and retained by Alabama Criminal Justice Information Center.
Once the records are expunged pursuant to this chapter, the records shall be forwarded to
the Alabama Criminal Justice Information Center in a manner prescribed by the Alabama Criminal
Justice Information Center Commission for purposes of archiving, and the records shall be
stored in a manner prescribed by the Alabama Criminal Justice Information Center Commission.
The records shall be retained by the Alabama Criminal Justice Information Center indefinitely.
(Act 2014-292, p. 1043, ยง8.)...
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23-2-174
Section 23-2-174 Privacy. (a) The authority, department, private toll entity, or an agent or
representative thereof shall not sell, distribute, or make available the names and addresses
of electronic toll collection system account holders, without the account holder's consent,
to any entity that uses the information for commercial purposes. However, this restriction
does not preclude the exchange of this information between entities with jurisdiction of or
operating a toll road, bridge, causeway, or tunnel, or entities with which there exists a
reciprocal toll enforcement agreement. (b) Records identifying a specific instance of travel
by a specific person or vehicle shall be used only as required to ensure payment and enforcement
of tolls, except that such information may be used by state, county, or municipal law enforcement
agencies for the comparison of captured license plate data with data held by the Department
of Revenue, the Alabama Criminal Justice Information Center, the...
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26-19-1
Section 26-19-1 Definitions. For purposes of this chapter, the following words shall have the
meanings ascribed, unless the context clearly indicates otherwise: (1) ACMEC. The Alabama
Center for Missing and Exploited Children created by this chapter within the department. (2)
CJIC. The Criminal Justice Information Center of the state. (3) DEPARTMENT. The Alabama State
Law Enforcement Agency. (4) LAW ENFORCEMENT AGENCIES. Federal, state and local law enforcement
agencies of this state primarily, and of other states generally. (5) MISSING CHILD. A child
whose whereabouts are unknown to the child's legal custodian, the circumstances of whose absence
indicate that: a. The child did not voluntarily leave the care and control of the custodian,
and the taking of the child was not authorized by law; or b. The child voluntarily left the
care and control of the child's legal custodian without the custodian's consent and without
intent to return. (6) MISSING PERSON. A person 18 years old or older...
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15-27-3
Section 15-27-3 Submission of sworn statement and records; service. (a) A petition filed under
this chapter shall include a sworn statement made by the person seeking expungement under
the penalty of perjury stating that the person has satisfied the requirements set out in this
chapter and whether he or she has previously applied for an expungement in any jurisdiction
and whether an expungement has been previously granted. (b) The petitioner shall include a
certified record of arrest, disposition, or the case action summary from the appropriate agency
for the court record the petitioner seeks to have expunged as well as a certified official
criminal record obtained from the Alabama Criminal Justice Information Center. In addition
to setting forth grounds for the court to consider, the petitioner shall specify what criminal
charges from the record are to be considered, further specify the agency or department that
made the arrest and any agency or department where the petitioner was...
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22-52-10.9
Section 22-52-10.9 Order finding defendant insane, mentally incompetent, etc., to be entered
into information systems; civil review. (a)(1) Upon any finding that a defendant is insane,
mentally incompetent, or not guilty by reason of mental disease or defect pursuant to Chapter
16 of Title 15, or the Alabama Rules of Criminal Procedure, the judge shall immediately forward
the order of the finding to the Alabama Law Enforcement Agency and the order shall be entered
in its information systems. The order shall be forwarded to the Alabama Law Enforcement Agency
in the manner as the Alabama Justice Information Center Commission shall provide. (2) The
Alabama Law Enforcement Agency, as soon as possible thereafter, shall enter the order in the
National Instant Criminal Background Check System (NICS) and the information shall be entered
into the NICS Index Denied Persons File. (3) The records maintained pursuant to this section
shall only be used for purposes of determining eligibility to...
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15-20A-42
Section 15-20A-42 Collection and dissemination of information by Alabama State Law Enforcement
Agency. (a) Any jurisdiction or agency responsible for registering a sex offender shall immediately
forward all required registration information and any changes to the required registration
information received to the Alabama State Law Enforcement Agency in a manner determined by
the Secretary of the Alabama State Law Enforcement Agency and promulgated in rule by the secretary
upon recommendation of an advisory board consisting of representatives of the office of the
Attorney General, District Attorneys Association, Chiefs of Police Association, Sheriffs Association,
and the Alabama State Law Enforcement Agency. The advisory board members shall not receive
any compensation or reimbursement for serving on the advisory board. (b) Upon notification
or discovery of the death of a sex offender, the registering agency shall immediately notify
the Alabama State Law Enforcement Agency. (c) The...
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38-13-7
Section 38-13-7 Duties of Departments of Public Safety and Human Resources; review of determinations.
(a) Criminal history background information checks shall be performed by the Department of
Public Safety upon request by an employer, child care facility, adult care facility, or child
placing agency authorized to make a request, or the Department of Human Resources. The Department
of Public Safety shall provide a criminal history background check within a reasonable time
of the receipt of the request. National criminal history background checks shall be requested
by the Department of Public Safety from the Federal Bureau of Investigation within a reasonable
time of the request. The Department of Public Safety, upon receipt of the criminal history
background report from the Federal Bureau of Investigation, shall forward the report to the
Department of Human Resources within a reasonable period. (b) Criminal history background
information reports shall be sent from the Department of...
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12-15-134
Section 12-15-134 Maintenance and inspection of law enforcement records. (a) Law enforcement
agencies shall take special precautions to ensure that law enforcement records and files concerning
a child will be maintained in a manner and pursuant to those safeguards that will protect
against disclosure to any unauthorized person, department, agency, or entity. Unless a charge
of delinquency is transferred for criminal prosecution pursuant to Section 12-15-203 or the
juvenile court otherwise orders in the interests of the child or of national security, the
law enforcement records and files with respect to the child shall not be open to public inspection
nor their contents disclosed to the public. (b) Law enforcement records and files described
in subsection (a) shall be open to inspection and copying by the following: (1) A juvenile
court having a child currently before it in any proceeding. (2) Personnel of the Department
of Human Resources, the Department of Youth Services, public and...
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