HB 261

HB261 INTRODUCED
1 HB261
2 NR64BJ8-1
3 By Representatives Tillman, England, Chestnut, Drummond,
4 Warren
5 RFD: Judiciary
6 First Read: 15-Jan-26
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 NR64BJ8-1 01/15/2026 CMH (L)CMH 2025-3814
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4 SYNOPSIS:
5Under existing law, following an acquittal or
6dismissal of a felony, misdemeanor, violation, traffic
7violation, boating violation, or municipal ordinance
8violation, the defendant may petition the circuit court
9in which the charges were filed to have the records
10expunged.
11This bill would provide that if a person is
12acquitted of the offense or if the charge is dismissed
13with prejudice, no billed by the grand jury, or nolle
14prossed without conditions, and no additional charges
15have been filed, the court, on its motion, must order
16the records of the charge to be dismissed.
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19A BILL
20TO BE ENTITLED
21AN ACT
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23Relating to expungement; to provide for the automatic
24 expungement of individuals following an acquittal or dismissal
25 of certain charges.
26 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
27Section 1. (a) A court, on its own motion and without a
28 petition, shall order the expungement of records relating to a
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  HB261 INTRODUCED
29 charge against a person when all of the following occur:
30(1) The person has been charged with a felony,
31 misdemeanor, violation, traffic violation, boating violation,
32 or municipal ordinance violation.
33(2) Any of the following have occurred with respect to
34 the charged offense:
35a. The charge has been dismissed with prejudice.
36b. The charge has been no billed by a grand jury.
37c. The person has been acquitted or otherwise found not
38 guilty of the charge.
39d. The charge has been nolle prossed without
40 conditions.
41(3) The charged offense has not been refiled against
42 the person within 14 calendar days.
43(b) A person whose records are expunged pursuant to
44 this section shall not be required to pay any fee or court
45 costs associated with the order of expungement.
46(c) A record of any criminal charges that a court
47 orders to be expunged or that are pending expungement pursuant
48 to this section shall be available for use by any attorney,
49 officer of the court, or the court itself in any civil matters
50 related to the criminal charges expunged or seeking to be
51 expunged, regardless of the outcome of the petitioned
52 expungement. At the conclusion of the pending civil matter,
53 all references to the criminal charges expunged or to be
54 expunged shall be redacted in the event the criminal charges
55 are expunged.
56Section 2. This act shall become effective on October
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57 1, 2026.
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