In March of 2006 the Alabama Supreme Court overturned the statutes and abolished expungement in the state of Alabama. All the records that had been expunged up to that point had to be reopened by court order.1
Currently, there are two bills in the Alabama Legislature, one in the House and one in the Senate. State Rep. James Gordon of Mobile has a bill before the House Committees for consideration for a vote, and SB 540 sponsored by Senator Smitherman, is a bill before the Senate Judiciary Committee for re-consideration and vote.
Senator Smithermans' bill, which was redrafted and submitted to committee on March 25, 2008, "would authorize a person charged or convicted of certain misdemeanor criminal offenses, a violation, or a traffic violation to petition the court in which the charges where filed or in which the conviction occurred to have his or her records expunged, including, but not limited to, arrest records, fingerprints, photographs, or index references in documentary or electronic form, relating to the arrest, charge, or both, and conviction in certain instances."2 This law would also allow Class C felony offenses to be expunged following 7 years from the conviction, and successful completion of all terms of the sentence. While the filing fee for expungement would be high, ($500 per petition) this would permit Alabama to give relief for criminal histories in a better manner than current legislation allows.3
1 "Courts may not expunge records." The Reporters Committee for Freedom of the Press. Accessed May 21, 2008
2,3 Smitherman, Senator. Accessed May 21, 2008.
This same bill (SB540) passed in the State Senate during the 2008 General Session. But it got "killed" in the House Judiciary Committee and never made it to the House floor for a vote.
The bill was chopped up by Rep. Paul DeMarco (R-Birmingham) and Rep. Spencer Collier (R-Mobile). Apparently, Republican leadership does not want this type of bill to pass and wants a majority of Alabamians to still walk around with a "scarlet letter" branded on them.
Democratic leadership has reintroduced this same bill as HB59 for the 2009 General Session. It is being sponsored by Rep. Chris England (D-Tuscaloosa), who is the Asst. City Attorney for Tuscaloosa, Alabama. Rep. England's father is a circuit court judge and law professor at the Univ. of Alabama.
I personally think it is long overdue. I would benefit from it a lot. I have a Class C felony for possession of Marijuana. Not with intent to distribute, not trafficking, just plain old Simple Possession. And they straight threw the book at me. First time offender. First and Last time offender for that fact of the matter. Im an IT professional. Ive been in the IT field for 17 years freelance, and about 3 years professionally. I find it hard to find actual jobs where people have to check my background because of this stupid little "Misdemeanor", because thats what it should have been. But I hope the conservatives of ALABAMA do not win this time. If this Bill doesnt pass in the House, Im writing to President Obama myself!
i have prayed for a long time ,god please let this bill pass.teach your children one mistake can ruin yor like for ever.continue to pray for the senators that god will change their heart.
once again please pray that the governor will please sign the bill.iwas convicted in 1984-1985 for theft.paid restitution ,on 1998 iwas granted a pardon .in 2005 i was granted a pardon.in 2009 i was granted a full pardon from state of alabama pardon and parole board. thanks to the board for issuing me an full pardon.if you never make a mistake you will never need a pardon. pastor westley phillip lewis
I followed HB59 through the nightmare of legislation process. I listend daily to chamber audio. Never did it come up.
Thursday, the last day of the session this HB 50 was passed by the senate, and sent to the governor for signature. This also happend to be the day there was no chamber audio due to the flooding.
Someone trashed my name. This is my justice. I can have my name back!
continue to pray that hb 59 passed and the governor sign the bill into law.times are hard for those that have been into trouble. but i belive in god almighty that he will make away for the people that have made some mistakes.tell young and old if you break the law you might have to pay alife time.
I pray that this bill was passed because I made a stupid mistake and now it haunts me everywhere I go. I go to school now (almost done) and I have changed my life. If its money they want they can get it. Money is no object when it comes to a clear record.
I'm in same boat I denied employment basic on a reckless endangerment and crimianl mischief in 1st ten years ago I have received a pardon, but that does not help. I also pray for some relief from my past
Arrested and convicted for sales and possession of marijuana in 1976 received probation and 6 months later was caught with possession again I was a real hard head then I was 18 .I spent 13 months in a minimum security facility I haven't been in any trouble in about 28 years nor have I done drugs and it is a very rare occasion if I drink any alcohol .I have no desire for anything to alter my sober state I don't care for it what so ever.The scarlet letter is a good analogy I have worn it for a very long time .I wish all this time counted for something ,but it doesn't seem to .It is still looked at like I did it yesterday.Even by the people that did the same or worse that never were caught and some very prominent people in the community that most would never ever be thought of a criminal.It is non criminal in a lot of liberal states .I broke the law but should I be labeled the rest of my life.Everyone makes mistakes I would just like to know how it feels again to hold my head up high and be proud for my accomplishments with out this always rearing it ugly head .I feel I am a very good person and I have worked very hard for what I have and would like to live the rest of my days without the ridicules of my distant past
Will this bill ever go into law? I am eager to know the status. If the bill pass and you have a full pardon, will you have to petition the court for expungement of your record? Passing this bill will help the state, because I am sure many will be willing to pay the $500 for a clear start.
.i also pray that this bill SB54 sponsored by Sen. Smitherman will be passed. I Have not been allowed to qualify for loans for college,allowed to have a decent place to live because all of the decent apartment complexes will not rent to felones.Without a job that pays well enough to live on,I will not be able to pay taxes that will contribute enough to the economy to make any difference, Without the ablity to be gainfully employed and live in a safe and decent environment then it is to be expected for some to have to return to prison because the state of Alabamas legislation I have paid my dues, which should allow me to become a productive member of society. The time for punisment is over. I want my life back. It has been 7 years since my arrest and subsequent charge of a class C felony
Today I along with a distinquished non profit group from Manhattan spent the day lobbying NY Senators with the cold hard facts of how for small crimes,THEY AGREED AND are MUCH MORE Insightful. Ivy League graduates, these New Yorkers know. You need to all join a group, get a bus or a day and EDUCATE THEM LOBBY THEM STOP THE MADNESS. This means a life sentence, is this justice????? Not today, this leads to job instability which leads to possible welfare which may lead to family problems which leads other problems, or worse back to jail.
The real cost of not helping give a person a second chance is VERY Costly and unsound morally. Chrisitians? Forgiveness? These are not violent crimes we are talking about,
When there are many reasons why look at the former Govenor , who was arrested, due to politics, then not guilty, Think especially if someone can not afford a good attorney ,this is not Justice. DO SOMETHING go to Montgomery, Organize , Help them realize the true consequences
MAKE THIS A TRUE DEMOCRACY ACT