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15-27-5
Section 15-27-5 Objections; hearing; ruling. (a) If the prosecuting authority or victim files
an objection to the granting of a petition under this chapter, the court having jurisdiction
over the matter shall set a date for a hearing no sooner than 14 days from the filing of the
objection. The court shall notify the prosecuting authority and the petitioner of the hearing
date. In the discretion of the court, the court shall consider the following factors: (1)
Nature and seriousness of the offense committed. (2) Circumstances under which the offense
occurred. (3) Date of the offense. (4) Age of the person when the offense was committed. (5)
Whether the offense was an isolated or repeated incident. (6) Other conditions which may have
contributed to the offense. (7) An available probation or parole record, report, or recommendation.
(8) Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement
and the petitioner plead guilty to another related or lesser...
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12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on
the merits of the petition in accordance with subsection (d) within 90 calendar days of the
date the petition was filed. The court, for good cause, may extend the time within which it
must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b) If the court determines that a hearing is not necessary, the court may rule without a
hearing. (c) If a hearing is held, the hearing shall be conducted in a manner prescribed by
the trial judge and may include oral argument and review of relevant documentation in support
of, or in objection to, the granting of the petition. Leave of the court shall be obtained
for the taking of witness testimony relating to any disputed fact. (d) In ruling on the petition,
the court may consider the following factors, in addition to the information contained in
the postsentence report: (1) The nature and seriousness of the offense....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-26-9.htm - 3K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-27-3.htm - 2K - Match Info - Similar pages
15-20A-34
Section 15-20A-34 Juvenile sex offender - Relief from lifetime registration requirements. (a)
A juvenile sex offender subject to lifetime registration pursuant to Section 15-20A-28 may
file a petition requesting the sentencing juvenile court to enter an order relieving the juvenile
sex offender of the requirements pursuant to this chapter 25 years after the juvenile sex
offender is released from the custody of the Department of Youth Services or sentenced, if
the juvenile sex offender was placed on probation, for the sex offense requiring registration
pursuant to this chapter. (b) The petition shall be filed as follows: (1) If the juvenile
sex offender was adjudicated delinquent of a sex offense in this state, the petition shall
be filed in the juvenile court of the county in which the juvenile sex offender was adjudicated
delinquent. (2) If the juvenile sex offender was adjudicated delinquent of a sex offense in
a jurisdiction outside of this state, the petition shall be filed in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-34.htm - 6K - Match Info - Similar pages
22-28-13
Section 22-28-13 Variances. (a) The commission may grant individual variances beyond the limitations
prescribed in this chapter whenever it is found, upon presentation of adequate proof, that
compliance with any rule or regulation, requirement or order of the commission would impose
serious hardship without equal or greater benefits to the public and the emissions occurring,
or proposed to occur, do not endanger or tend to endanger human health or safety, human comfort
and aesthetic values. In granting or denying a variance, the commission shall file and publish
a written opinion stating the facts and reasons leading to its decision. (b) In granting a
variance, the commission may impose such conditions as the policies of this chapter may require.
If the hardship complained of consists solely of the need for a reasonable delay in which
to correct a violation of this chapter or of the commission regulations, the commission shall
condition the grant of such variance upon the posting of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-28-13.htm - 3K - Match Info - Similar pages
8-15-14
Section 8-15-14 Revocation of permit; liquidation of operation. (a) In the event that the Commissioner
of Agriculture and Industries upon a public hearing finds and determines that a public warehouse
is being operated in violation of law and regulations and in jeopardy of the public interest,
he shall thereupon revoke the permit to operate such public warehouse and, in his discretion,
he may take charge of the operation of such warehouse for the purpose of liquidating the same
under the direction of the circuit court having jurisdiction at the place of the operation
thereof and to operate same under the direction of the court for such time as may be necessary
to protect the public interest or to compel compliance with the laws and regulations relating
to the operation of public warehouses. (b) Upon taking charge thereof, the Commissioner of
Agriculture and Industries shall appoint in writing, under his hand and official seal, an
agent to assist him in the duty of liquidation and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-15-14.htm - 8K - Match Info - Similar pages
34-5-8
Section 34-5-8 Authority of Board of Barber Examiners; refusal to issue or renew license or
certificate; appeals. The board shall have the power to refuse, revoke, and suspend licenses
and certificates strictly in accordance with the provisions of this chapter, upon proof of
violation of any sections of this chapter. The members of the board shall have the power to
administer oaths and shall have the power to require the attendance of witnesses and the production
of books, records, and papers as it may desire at any hearing on any matter which the board
has the authority to investigate, and for that purpose may require the secretary of the board
to issue a subpoena duces tecum to compel the production of any books, records, or papers,
directed to the sheriff of the county where such witness resides or may be found, which subpoenas
and subpoenas duces tecum shall be served and returned in the same manner as a subpoena in
a criminal case is served and returned. The fees and mileage of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-5-8.htm - 5K - Match Info - Similar pages
26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian
prohibited; participation in proceedings; right to counsel; assistance in preparing petition;
confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver
of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal;
no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not
or cannot for any reason, obtain consent from either of her parents or legal guardian, may
petition, on her own behalf, the juvenile court, or the court of equal standing, in the county
in which the minor resides or in the county in which the abortion is to be performed for a
waiver of the consent requirement of this chapter. Notice by the court to the minor's parents,
parent, or legal guardian shall not be required or permitted. The requirements and procedures
under this chapter shall apply and are available only to minors who...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-21-4.htm - 11K - Match Info - Similar pages
15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of probation;
sanctions. (a) The period of probation or suspension of execution of sentence shall be determined
by the court and shall not be waived by the defendant, and the period of probation or suspension
may be continued, extended, or terminated. However, except as provided in Section 32-5A-191
relating to ignition interlock requirements, in no case shall the maximum probation period
of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period
of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1.
When the conditions of probation or suspension of sentence are fulfilled, the court shall,
by order duly entered on its minutes, discharge the defendant. (b) The court granting probation,
upon the recommendation of the officer supervising the probationer, may terminate all authority
and supervision over the probationer prior to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-54.htm - 10K - Match Info - Similar pages
12-15-208
Section 12-15-208 Facilities to be used for detention or shelter care of children generally;
when child may be detained in jail or other facility for detention of adults; notification
of juvenile court, when child received at facility for detention of adult offenders or persons
charged with crimes; development of statewide system; Department of Youth Services to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, when case transferred from juvenile court for criminal prosecution. (a) Persons
who shall not be detained or confined in secure custody include all of the following: (1)
STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article,
shall not be detained or confined in secure custody, except that a status offender who is
charged with or who commits a violation of a valid court order may be detained in secure custody
in a juvenile detention facility for up to 72 hours in any six-month...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-208.htm - 10K - Match Info - Similar pages
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