The bill amends Section 15-27-5 of the Code of Alabama 1975 to refine the procedures for expungements. Key changes include the addition of a provision that allows the court to set a hearing date if no objections are filed by the prosecuting authority or victim, which is a new insertion. The bill also modifies the criteria the court must consider when determining whether to grant an expungement, including the nature of the offense, the circumstances surrounding it, and evidence of rehabilitation. Additionally, the language regarding the court's discretion in expungement cases has been clarified, emphasizing that the court has the authority to deny requests for expungement at its discretion.

Furthermore, the bill replaces the term "certiorari review" with "appeal," indicating a shift in the legal process for challenging the court's ruling on expungement petitions. The bill also specifies that the court's ruling can only be reversed if there is a demonstration of abuse of discretion. The effective date for this act is set for October 1, 2025. Overall, these amendments aim to streamline the expungement process while maintaining judicial discretion.

Statutes affected:
Introduced: 15-27-5, 15-27-5
Engrossed: 15-27-5, 15-27-5