The bill amends Section 15-27-5 of the Code of Alabama 1975 to update the procedures for expungements. Key changes include extending the time frame for a hearing from 14 days to 30 days if an objection is filed by the prosecuting authority or victim. Additionally, the court is now required to notify both the victim and the prosecuting authority of the hearing date. The bill also introduces new factors for the court to consider when determining expungement eligibility, such as evidence of rehabilitation and the circumstances surrounding the offense.
Furthermore, the bill clarifies that the court has discretion over the number of cases that may be expunged and establishes that the court's ruling is subject to appeal rather than certiorari review. The language regarding the court's authority to rule on petitions without a hearing if no objections are filed has been deleted. The act is set to take effect on October 1, 2025.
Statutes affected: Introduced: 15-27-5, 15-27-5
Engrossed: 15-27-5, 15-27-5
Enrolled: 15-27-5, 15-27-5