|
15-27-2
Section 15-27-2 Petition to expunge records - Felony offense. (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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-27-2.htm - 3K - Match Info - Similar pages
45-17-81.12
Section 45-17-81.12 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit or district court of the
Thirty-first Judicial Circuit may apply to the District Attorney of the Thirty-first Judicial
Circuit for admittance to the pretrial diversion program. (b) A person charged with any of
the following offenses may apply for the program: (1) Any traffic offense. (2) A property
offense. (3) An offense wherein the victim did not receive serious physical injury. (4) An
offense in which the victim was not a child under 14 years of age, a law enforcement officer,
a school official, or a correctional officer. (5) A misdemeanor other than one specifically
excluded in this section. (c) The following offenses are ineligible for consideration for
the pretrial diversion program: (1) Any offense involving the abuse of a child or an elderly
person. (2) Any sex offense. (3) Any Class A felony, except in the case of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-17-81.12.htm - 2K - Match Info - Similar pages
45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion program
is in the absolute discretion of the district attorney. However, an offender deemed by the
district attorney to be a threat to the safety or well-being of the community shall not be
eligible for the program. Further, an offender charged with the following offenses shall be
ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense which intentionally,
knowingly, or recklessly resulted in death or serious physical injury to a person. (3) An
offense involving the use of a deadly weapon. (4) Chemical endangerment of a child. (5) An
offense involving violence in which the victim was a child under 14 years of age, a law enforcement
officer, a school officer, a correctional officer, active duty military personnel of the United
States Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence
in which the victim was an employee of any school...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.43.htm - 2K - Match Info - Similar pages
13A-8-2.1
Section 13A-8-2.1 Aggravated theft by deception. (a) A person commits the crime of aggravated
theft by deception if he or she does any of the following: (1) He or she commits a theft of
foreign or domestic funds, cash, or cash equivalent, that includes, but is not limited to,
stocks, bonds, investments, or retirement accounts, that exceeds two hundred thousand dollars
($200,000) in value, if obtained by deception. (2) He or she commits a theft of public funds
or revenue of any state, county, or municipal government agency or department, or any governmental
or political subdivision that exceeds one hundred thousand dollars ($100,000) in value, if
obtained by deception. (b) The limitations period for any prosecution under this section does
not commence or begin to accrue until the discovery of the facts constituting the deception,
after which the prosecution shall be commenced within six years. (c) Aggravated theft by deception
is a felony with a range of punishment of five to 30 years'...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-2.1.htm - 1K - Match Info - Similar pages
13A-8-31.1
Section 13A-8-31.1 Payment and purchase limitations. (a) A secondary metals recycler may not
enter into any cash transactions in excess of fifty dollars ($50) for copper, copper/aluminum
air conditioning coils, or catalytic convertors, or any items described in subdivision (a)(2)
or (a)(10) of Section 13A-8-37, or in excess of five hundred dollars ($500) for all other
metals in payment for the purchase of metal property. Payment by check may be made payable
only to the person whose information was recorded pursuant to Section 13A-8-31. (b) It shall
be unlawful for a secondary metals recycler to purchase metal property from a person younger
than 18 years of age. (c) Metal property may not be purchased between the hours of 9:00 P.M.
and 6:00 A.M. (d) Any person who intentionally violates the requirements of this section shall
be guilty of a Class B misdemeanor for a first offense, a Class A misdemeanor for a second
offense, and a Class C felony for a third or subsequent offense within a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-8-31.1.htm - 1K - Match Info - Similar pages
13A-10-52
Section 13A-10-52 Fleeing or attempting to elude law enforcement officer. (a) It shall be unlawful
for a person to intentionally flee by any means from anyone the person knows to be a law enforcement
officer if the person knows the officer is attempting to arrest the person. (b) It shall be
unlawful for a person while operating a motor vehicle on a street, road, alley, or highway
in this state, to intentionally flee or attempt to elude a law enforcement officer after having
received a signal from the officer to bring the vehicle to a stop. (c) A violation of subsection
(a) or (b) is a Class A misdemeanor unless the flight or attempt to elude causes an actual
death or physical injury to innocent bystanders or third parties, in which case the violation
shall be a Class C felony. In addition, the court shall order the suspension of the driver's
license of the defendant for a period of not less than six months nor more than two years.
(Act 2009-616, p. 1779, ยง3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-10-52.htm - 1K - Match Info - Similar pages
13A-12-232
Section 13A-12-232 Sentence not to be suspended, deferred, etc., prior to mandatory minimum
term; reduction, suspension, etc., of sentence for assistance in arrest, conviction, etc.,
of accessories, principals, etc. (a) Notwithstanding the provisions of Chapter 22, Title 15,
or any other provision of law, with respect to any person who is found to have violated Section
13A-12-231, adjudication of guilt or imposition of sentence shall not be suspended, deferred,
or withheld, nor shall such person be eligible for any type of parole, probation, work release,
supervised intensive restitution program, release because of deduction from sentence for good
behavior under corrections incentive time act or any other program, furlough, pass, leave,
or any other type of early, conditional, or temporary release program, nor shall such person
be permitted to leave the penitentiary for any reason whatsoever except for necessary court
appearances and for necessary medical treatment, prior to serving...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-12-232.htm - 2K - Match Info - Similar pages
13A-6-2
Section 13A-6-2 Murder. (a) A person commits the crime of murder if he or she does any of the
following: (1) With intent to cause the death of another person, he or she causes the death
of that person or of another person. (2) Under circumstances manifesting extreme indifference
to human life, he or she recklessly engages in conduct which creates a grave risk of death
to a person other than himself or herself, and thereby causes the death of another person.
(3) He or she commits or attempts to commit arson in the first degree, burglary in the first
or second degree, escape in the first degree, kidnapping in the first degree, rape in the
first degree, robbery in any degree, sodomy in the first degree, aggravated child abuse under
Section 26-15-3.1, or any other felony clearly dangerous to human life and, in the course
of and in furtherance of the crime that he or she is committing or attempting to commit, or
in immediate flight therefrom, he or she, or another participant if there be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-2.htm - 3K - Match Info - Similar pages
15-27-1
Section 15-27-1 Petition to expunge records - Misdemeanor criminal offense, traffic violation,
municipal ordinance violation. (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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-27-1.htm - 1K - Match Info - Similar pages
17-4-3
Section 17-4-3 County board of registrars to purge disqualified electors. (a) Each county board
of registrars shall purge the computerized statewide voter registration list on a continuous
basis, whenever it receives and confirms information that a person registered to vote in that
county has died, become a nonresident of the state or county, been declared mentally incompetent,
been convicted of any offense designated pursuant to Section 17-3-30.1 as a felony involving
moral turpitude for the purposes of Article VIII of the Constitution of Alabama of 1901 since
being registered, or otherwise become disqualified as an elector. Except as provided below,
a person convicted of a disqualifying criminal offense shall be notified by certified mail
sent to the voter's last known address of the board's intention to strike his or her name
from the list. No person convicted of a disqualifying crime may be stricken from the poll
list while an appeal from the conviction is pending. (b) On the date...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/17-4-3.htm - 4K - Match Info - Similar pages
|