Section 15-27-2

Petition to expunge records - Felony offense.

THIS SECTION WAS AMENDED BY ACT 2018-506 IN THE 2018 REGULAR SESSION, EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

(a) A person who has been charged with a felony offense, except a violent offense as defined in Section 12-25-32, may file a petition in the criminal division of the circuit court in the county in which the charges were filed, to expunge records relating to the charge in any of the following circumstances:

(1) When the charge is dismissed with prejudice.

(2) When the charge has been no billed by a grand jury.

(3)a. The charge was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran's court, or any court-approved deferred prosecution program after one year from successful completion of the program.

b. Expungement may be a court-ordered condition of a program listed in paragraph a.

(4) The charge was dismissed without prejudice more than five years ago, has not been refiled, and the person has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations, during the previous five years.

(5) Ninety days have passed from the date of dismissal with prejudice, no-bill, acquittal, or nolle prosequi and the charge has not been refiled.

(6) When the person proves by a preponderance of the evidence that the person is a victim of human trafficking, that the person committed the felony offense during the period the person was being trafficked, and that the person would not have committed the felony offense but for being trafficked. Evidence that a person is a victim of human trafficking may include, but is not limited to, evidence that the person's trafficker was convicted of trafficking the person under Section 13A-6-152 or Section 13A-6-153.

(b) Subsection (a) notwithstanding, convictions for the following offenses, which are defined as a violent offense under subdivision (15) of Section 12-25-32, may be expunged upon a showing that the person committed the felony offense during the period the person was trafficked, and that the person would not have committed the felony offense but for being trafficked:

(1) Promoting prostitution in the first degree pursuant to Section 13A-12-111.

(2) Domestic violence in the third degree pursuant to subsection (d) of Section 13A-6-132.

(3) Production of obscene matter involving a person under the age of 17 years pursuant to Section 13A-12-197.

(c)(1) A person who has been charged with any felony offense, including a violent offense as defined in Section 12-25-32, may file a petition in the criminal division of the circuit court in the county in which the charges were filed to expunge records relating to the charge if the person has been found not guilty of the charge.

(2) Records related to violent offenses as defined in Section 12-25-32 may be disclosed to a law enforcement agency for criminal investigation purposes as provided in Section 15-27-7.

(d) The circuit court shall have exclusive jurisdiction of a petition filed under subsection (a) or subsection (b).

(Act 2014-292, p. 1043, §2; Act 2017-377, §1; Act 2018-506, §8.)