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.