reglab/housing_qa huggingface dataset:
AL Code § 15-27-2.1 (2021)
2021 Code of Alabama|Title 15 - Criminal Procedure.|Chapter 27 - Expungement.|Section 15-27-2.1 - Limitations on Number of Expungements Granted.

Section 15-27-2.1Limitations on number of expungements granted. (a)(1) A person may be granted unlimited expungements pursuant to subdivisions (a)(1) through (a)(5) and (a)(7) and (a)(8) of Section 15-27-1, subdivisions (a)(1) through (a)(5) and (a)(7) and (a)(8) of Section 15-27-2, and subsection (b) of Section 15-27-2. (2) A person may only be granted one expungement pursuant to subsection (c) of Section 15-27-2. (3) A person may only be granted two expungements pursuant to subdivision (a)(6) of Section 15-27-1, subsection (b) of Section 15-27-1, and subdivision (a)(6) of Section 15-27-2. (b) For the purposes of subsection (a), one expungement shall include all charges or convictions stemming from the same arrest or incident. (c) The Administrative Office of Courts, in consultation with the Alabama State Law Enforcement Agency, shall adopt procedures relating to prior expungements for the purposes of the limitations in this section. (d) Act 2021-286 may not be interpreted to supersede, modify, or otherwise affect the application of Sections 15-27-14 or 15-27-20. (Act 2021-286, §§3, 4.)
AL Code § 15-27-3 (2021)
2021 Code of Alabama|Title 15 - Criminal Procedure.|Chapter 27 - Expungement.|Section 15-27-3 - Submission of Sworn Statement and Records; Service.

Section 15-27-3Submission of sworn statement and records; service.  (a) A petition filed under this chapter shall include a sworn statement made by the person seeking expungement under the penalty of perjury stating that the person has satisfied the requirements set out in this chapter and whether he or she has previously applied for an expungement in any jurisdiction and whether an expungement has been previously granted. (b) The petitioner shall include a certified record of arrest, disposition, or the case action summary from the appropriate agency for the court record the petitioner seeks to have expunged as well as a certified official criminal record obtained from the Alabama Criminal Justice Information Center. In addition to setting forth grounds for the court to consider, the petitioner shall specify what criminal charges from the record are to be considered, further specify the agency or department that made the arrest and any agency or department where the petitioner was booked or was incarcerated or detained pursuant to the arrest or charge sought to be expunged. (c) A petitioner shall serve the district attorney, the law enforcement agency, and clerk of court of the jurisdiction for which the records are sought to be expunged, a copy of the petition, and the sworn affidavit. The district attorney shall review the petition and may make reasonable efforts to notify the victim if the petition has been filed seeking an expungement under circumstances enumerated in paragraph a. of subdivision (4) of Section 15-27-2 involving a victim that is not a governmental entity. The district attorney and the victim shall have a period of 45 days to file a written objection to the granting of the petition or the district attorney shall be deemed to have waived the right to object. The district attorney shall serve the petitioner or the petitioner's counsel a copy of the written objection. (Act 2014-292, p. 1043, §3.)
AL Code § 15-27-4 (2021)
2021 Code of Alabama|Title 15 - Criminal Procedure.|Chapter 27 - Expungement.|Section 15-27-4 - Administrative Filing Fee; Indigency.

Section 15-27-4Administrative filing fee; indigency. (a) In addition to any cost of court or docket fee for filing the petition in circuit court, an administrative filing fee of five hundred dollars ($500) shall be paid at the time the petition is filed and is a condition precedent to any ruling of the court pursuant to this chapter. The administrative filing fee shall be distributed as follows: (1) Seventy-five dollars ($75) to the State Judicial Administrative Fund. (2) Twenty-five dollars ($25) to the Alabama Department of Forensic Sciences. (3) Fifty dollars ($50) to the district attorney's office. (4) Fifty dollars ($50) to the clerk's office of the circuit court having jurisdiction over the matter, for the use and benefit of the circuit court clerk. (5) Fifty dollars ($50) to the Public Safety Fund. (6) Fifty dollars ($50) to the general fund of the county where the arresting law enforcement agency is located if the arrest was made by the sheriff's office to be used for law enforcement purposes, or, if the arrest was made by another law enforcement agency, to the municipality or other entity or state agency funding the law enforcement activity. (7) One hundred dollars ($100) to the state General Fund. (8) Fifty dollars ($50) to the Education Trust Fund. (9) Fifty dollars ($50) to the Fair Trial Tax Fund. (b)(1) When a petitioner is seeking the expungement of multiple charges arising from one arrest, the petitioner shall only be required to pay one filing fee pursuant to subsection (a). (2) When a petitioner is seeking the expungement of multiple charges arising from multiple arrests, the petitioner shall be required to pay a filing fee for each arrest pursuant to subsection (a). (c) Notwithstanding subsection (a), a person seeking relief under this chapter may apply for indigent status by completing an Affidavit of Substantial Hardship and Order which shall be submitted with the petition. If the court finds the petitioner is indigent, the court shall waive the filing fee provided in subsection (a). (d) If a petitioner seeks expungement of an arrest or conviction record and the court in the original case made a clear and unequivocal judicial finding on the record that the arrest had no foundation of probable cause, the court, in the expungement proceeding, shall waive all docket fees and court costs, except for the filling fee in subsection (a). (Act 2014-292, p. 1043, §4; Act 2021-286, §2.)
AL Code § 15-27-5 (2021)
2021 Code of Alabama|Title 15 - Criminal Procedure.|Chapter 27 - Expungement.|Section 15-27-5 - Objections; Hearing; Ruling.

Section 15-27-5Objections; hearing; ruling. (a) If the prosecuting authority or victim files an objection to the granting of a petition under this chapter, the court having jurisdiction over the matter shall set a date for a hearing no sooner than 14 days from the filing of the objection. The court shall notify the prosecuting authority and the petitioner of the hearing date. In making its determination, the court shall consider all of the following factors: (1) Nature and seriousness of the offense committed. (2) Circumstances under which the offense occurred. (3) Date of the offense. (4) Age of the person when the offense was committed. (5) Whether the offense was an isolated or repeated incident. (6) Other conditions which may have contributed to the offense. (7) An available probation or parole record, report, or recommendation. (8) Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement and the petitioner pleaded guilty to another related or lesser offense. (9) Evidence of rehabilitation, including good conduct in prison or jail, in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful business or employment history, and the recommendation of his or her supervisors or other persons in the community. (10) Any other matter the court deems relevant, which may include, but is not limited to, a prior expungement of the petitioner's records. (b) A hearing under subsection (a) shall be conducted in a manner prescribed by the trial judge and shall include oral argument and review of relevant documentation in support of, or in objection to, the granting of the petition. The Alabama Rules of Evidence shall apply to the hearing. Leave of the court shall be obtained for the taking of witness testimony relating to any disputed fact. (c) There is no right to the expungement of any criminal record, and any request for expungement of a criminal record may be denied at the sole discretion of the court. The court shall grant the petition if it is reasonably satisfied from the evidence that the petitioner has complied with and satisfied the requirements of this chapter. The court shall have discretion over the number of cases that may be expunged pursuant to this chapter after the first case is expunged. The ruling of the court shall be subject to certiorari review and may not be reversed absent a showing of an abuse of discretion. (d) If no objection to a petition is filed by the prosecuting authority or victim, the court having jurisdiction over the matter shall rule on the merits of the petition without setting the matter for hearing. In such cases, the court shall grant the petition if it is reasonably satisfied from the evidence that the petitioner has complied with and satisfied the requirements of this chapter.  (Act 2014-292, p. 1043, §5; Act 2021-286, §2.)
AL Code § 15-27-6 (2021)
2021 Code of Alabama|Title 15 - Criminal Procedure.|Chapter 27 - Expungement.|Section 15-27-6 - Order of Expungement; Certification; Inspection of Expunged Records.

Section 15-27-6Order of expungement; certification; inspection of expunged records.  (a) Except as provided in Section 15-27-10, upon the granting of a petition pursuant to this chapter, the court, pursuant to Section 15-27-9, shall order the expungement of all records in the custody of the court and any records in the custody of any other agency or official, including law enforcement records, except privileged presentence or postsentence investigation reports produced by the Alabama Board of Pardons and Paroles and its officers, records, documents, databases, and files of the district attorney and the Office of Prosecution Services. On July 7, 2014, and for 18 months thereafter, every agency with records relating to the arrest, charge, or other matters arising out of the arrest or charge that is ordered to expunge the records shall certify to the court within 180 days of the entry of the expungement order that the required expungement action has been completed. (b) After the expungement of records pursuant to subsection (a), the proceedings regarding the charge shall be deemed never to have occurred. Except as provided in this chapter, the court and other agencies shall reply to any inquiry that no record exists on the matter. The petitioner whose record was expunged shall not have to disclose the fact of the record or any matter relating thereto on an application for employment, credit, or other type of application. However, the petitioner whose record was expunged shall have the duty to disclose the fact of the record and any matter relating thereto to any government regulatory or licensing agency, any utility and its agents and affiliates, or any bank or other financial institution. In these circumstances, the government regulatory or licensing agency, utility and its agents and affiliates, or the bank or other financial institution shall have the right to inspect the expunged records after filing notice with the court. (Act 2014-292, p. 1043, §6.)
AL Code § 15-27-7 (2021)
2021 Code of Alabama|Title 15 - Criminal Procedure.|Chapter 27 - Expungement.|Section 15-27-7 - Archive of Records; Withdrawal of Records From National Criminal Records Repository.

Section 15-27-7Archive of records; withdrawal of records from national criminal records repository.  (a) Upon receipt of the order of expungement, a criminal justice agency in possession of records subject to the order shall immediately forward the records to the Alabama State Law Enforcement Agency. The agency shall digitally archive the records in a manner prescribed by the Alabama Justice Information Commission and designate the records as protected, except as provided in other provisions of this chapter. The records may not be used for any non-criminal justice purpose, except as otherwise provided in this chapter, and may be made available to criminal justice agencies, a district attorney, or a prosecuting authority upon acknowledgement of an investigation or other criminal matter involving the person related to the expungement. Any expunged records that were added to a federal database shall be requested to be removed and not made available within any interstate criminal database. Records may also be made available to the Department of Human Resources for the purpose of investigation or assessment in order to protect children or vulnerable adults. Expungement under this chapter does not expunge reports that are indicated, as defined in Section 26-14-8. (b) Records expunged under this chapter may not be transmitted to the Federal Bureau of Investigation national criminal records repository. Any record subject to be expunged under this chapter and transmitted to the Federal Bureau of Investigation prior to the expungement of the record shall be requested for withdrawal within the national system by the Alabama State Law Enforcement Agency. (Act 2014-292, p. 1043, §7; Act 2021-286, §2.)
AL Code § 15-27-8 (2021)
2021 Code of Alabama|Title 15 - Criminal Procedure.|Chapter 27 - Expungement.|Section 15-27-8 - Records Forwarded to and Retained by Alabama State Law Enforcement Agency.

Section 15-27-8Records forwarded to and retained by Alabama State Law Enforcement Agency.  ENDED BY ACT 2021-286 IN THE 2021 REGULAR SESSION, EFFECTIVE JULY 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Once the records are expunged pursuant to this chapter, the records shall be forwarded to the Alabama State Law Enforcement Agency in a manner prescribed by the Alabama Justice Information Commission for purposes of archiving, and the records shall be stored in a manner prescribed by the Alabama Justice Information Commission. The records shall be retained by the Alabama State Law Enforcement Agency indefinitely. (Act 2014-292, p. 1043, §8; Act 2021-286, §2.)
AL Code § 15-27-9 (2021)
2021 Code of Alabama|Title 15 - Criminal Procedure.|Chapter 27 - Expungement.|Section 15-27-9 - Definitions.

Section 15-27-9Definitions.  For purposes of this chapter, the following terms shall have the following meanings: (1) CRIMINAL JUSTICE AGENCIES. As defined in Section 41-9-590. (2) RECORD. The term shall include, but is not limited to, all of the following: a. Arrest and conviction records. b. Booking or arrest photographs of the petitioner. c. Index references such as the State Judicial Information System or any other governmental index references for public records search. d. Records relating to administrative suspension pursuant to Article 14 of Chapter 5A of Title 32, including driver license suspension records. e. Other data, whether in documentary or electronic form, relating to the arrest, charge, or conviction. (Act 2014-292, p. 1043, §9; Act 2021-286, §2.)
AL Code § 15-27-10 (2021)
2021 Code of Alabama|Title 15 - Criminal Procedure.|Chapter 27 - Expungement.|Section 15-27-10 - Maintenance of Investigative Files, Reports, Case Files, Etc.

Section 15-27-10Maintenance of investigative files, reports, case files, etc. (a) Nothing in this chapter shall prohibit a criminal justice agency, a law enforcement agency or official, a district attorney or a prosecuting authority, the Alabama Department of Forensic Sciences, or the Department of Human Resources from maintaining an investigative file, report, case file, or log which may include any evidence, biological evidence, photographs, exhibits, or information in documentary or electronic form. (b) Nothing in this chapter shall prohibit the Department of Human Resources from continuing to maintain any documentation, reports, case files, or evidence needed for the protection of children or vulnerable adults. (Act 2014-292, p. 1043, §10; Act 2021-286, §2.)
AL Code § 15-27-11 (2021)
2021 Code of Alabama|Title 15 - Criminal Procedure.|Chapter 27 - Expungement.|Section 15-27-11 - Personal Information Subject to Expungement.

Section 15-27-11Personal information subject to expungement.  An order of expungement, pursuant to this chapter may include, but is not limited to, the petitioner's true name, all aliases, current physical address, date of birth, Social Security number, or any other vital identifier sufficient to notify the record keeper of the records to be expunged.  (Act 2014-292, p. 1043, §11.)
AL Code § 15-27-12 (2021)
2021 Code of Alabama|Title 15 - Criminal Procedure.|Chapter 27 - Expungement.|Section 15-27-12 - Prerequisites to Expungement.

Section 15-27-12Prerequisites to expungement.  No order of expungement shall be granted unless all terms and conditions, including court ordered restitution, are satisfied and paid in full, including interest, to any victim, or the Alabama Crime Victim's Compensation Commission, as well as court costs, fines, or statutory fees ordered by the sentencing court to have been paid, absent a finding of indigency by the court. (Act 2014-292, p. 1043, §12.)
AL Code § 15-27-13 (2021)
2021 Code of Alabama|Title 15 - Criminal Procedure.|Chapter 27 - Expungement.|Section 15-27-13 - Annual Report.

Section 15-27-13Annual report. Upon request, the Administrative Office of Courts shall provide an annual report to the Legislature specifying the number of applicants requesting expungement, the number of expungements granted, a list of the offenses expunged, and a list of the offenses not expunged. The report shall not include any case specific identifying information. (Act 2014-292, p. 1043, §13.)
AL Code § 15-27-14 (2021)
2021 Code of Alabama|Title 15 - Criminal Procedure.|Chapter 27 - Expungement.|Section 15-27-14 - Applicability - Alabama Securities Commission.

Section 15-27-14Applicability - Alabama Securities Commission.  Nothing in this chapter shall be applicable to the Alabama Securities Commission, its statutes, rules, regulations, policies, information repository, or records, nor shall any expungement information, record, document, whether printed, electronic, or otherwise, or file which is expunged under this chapter be considered nondisclosable or nonreportable to or by the Alabama Securities Commission. Any requirement for licensing or registration which includes information that has been otherwise expunged under this chapter shall remain reportable as required by the Alabama Securities Commission, applicable federal law, or adopted rules and regulations or as required by any securities-related self-regulatory organization rules, policies, or procedures. (Act 2014-292, p. 1043, §14.)
AL Code § 15-27-15 (2021)
2021 Code of Alabama|Title 15 - Criminal Procedure.|Chapter 27 - Expungement.|Section 15-27-15 - Applicability - Right to Ship, Transport, Possess, or Receive Firearm.

Section 15-27-15Applicability - Right to ship, transport, possess, or receive firearm.  An expungement order shall not entitle an individual to ship, transport, possess, or receive a firearm. Any person whose record of conviction is expunged pursuant to this chapter may have his or her right to ship, transport, possess, or receive a firearm restored by a Certificate of Pardon with Restoration of Civil and Political Rights from the Alabama Board of Pardons and Paroles. (Act 2014-292, p. 1043, §15.)
AL Code § 15-27-16 (2021)
2021 Code of Alabama|Title 15 - Criminal Procedure.|Chapter 27 - Expungement.|Section 15-27-16 - Disclosure of Information From Expunged File Without a Court Order; Liability.

Section 15-27-16Disclosure of information from expunged file without a court order; liability.  (a) Notwithstanding any other provision of this chapter, an individual who knows an expungement order was granted pursuant to this chapter and who intentionally and maliciously divulges, makes known, reveals, gives access to, makes public, uses, or otherwise discloses the contents of an expunged file without a court order, or pursuant to a provision of this chapter, shall be guilty of a Class B misdemeanor. (b) In addition to any other immunity or other civil protection or legal remedy available that an individual or entity may rightfully claim, an agency, department, custodian of records, corporation, business entity, or individual that makes public or disseminates a record that has been judicially expunged pursuant to this chapter shall be immune from civil liability absent unreasonable, wanton, willful, or intentional conduct. (c) In addition to any other immunity or other civil protection or legal remedy available that an individual or entity may rightfully claim, an agency, department, custodian of records, corporation, business entity, or individual that employs, hires, contracts with, or holds any business or contractual relationship with an individual and is unaware of the existence of a criminal record due to an expungement pursuant to this chapter shall be immune from civil liability for damages caused by the person, absent unreasonable, wanton, willful, or intentional conduct. (Act 2014-292, p. 1043, §16.)
AL Code § 15-27-17 (2021)
2021 Code of Alabama|Title 15 - Criminal Procedure.|Chapter 27 - Expungement.|Section 15-27-17 - Filing Under False Pretenses.

Section 15-27-17Filing under false pretenses.  Upon determination by the court that a petition for expungement was filed under false pretenses and was granted, the order of expungement shall be reversed and the criminal history record shall be restored to reflect the original charges. (Act 2014-292, p. 1043, §17.)
AL Code § 15-27-18 (2021)
2021 Code of Alabama|Title 15 - Criminal Procedure.|Chapter 27 - Expungement.|Section 15-27-18 - Applicants for Position in Law Enforcement, Etc.

Section 15-27-18Applicants for position in law enforcement, etc.  Notwithstanding any other provision of this chapter, an applicant for a position in law enforcement or corrections or a law enforcement or correctional officer shall disclose and produce any expunged record pursuant to this chapter or any other state law to the Alabama Peace Officers' Standards and Training Commission, and the commission shall have access to any expunged records sealed or archived pursuant to this chapter for purposes of certification and regulation of persons as correctional and law enforcement officers. (Act 2014-292, p. 1043, §18.)
AL Code § 15-27-19 (2021)
2021 Code of Alabama|Title 15 - Criminal Procedure.|Chapter 27 - Expungement.|Section 15-27-19 - Rulemaking Authority.

Section 15-27-19Rulemaking authority. The Alabama Justice Information Commission shall adopt rules for the submission of data from criminal justice agencies necessary to complete the criminal history record within the state criminal history repository. Data within the repository shall include all records allowed by federal regulation of state repositories. (Act 2014-292, p. 1043, §19; Act 2021-286, §2.)
AL Code § 15-27-20 (2021)
2021 Code of Alabama|Title 15 - Criminal Procedure.|Chapter 27 - Expungement.|Section 15-27-20 - Release of Expunged Records for Use in Certain Civil Suits; Hearing.

Section 15-27-20Release of expunged records for use in certain civil suits; hearing. Records that have been expunged pursuant to this chapter shall be released for use in a civil suit filed by a person for whom expungement was granted that is related to, or arising from, the arrest or conviction that was the subject of the expungement. Upon a request from any party for the release of any records that have been expunged, the court having jurisdiction over the pending civil matter shall hold an in camera hearing to determine the following: (1) If the request has been made in good faith. (2) The nature and scope of the requested records. (3) The relevance of the requested records to the pending civil matter. Upon the completion of the in camera review, the court shall make a determination in writing whether to release the expunged records. In no way shall the release of expunged records bear any weight as to their admissibility at trial with respect to the Alabama Rules of Evidence. This section is to be applied retroactively. (Act 2017-377, §2.)