HB 261 Alabama House · 2026 Regular Session

Expungement; automatic order of expungement, required under certain conditions

HB 261 automatically expunges criminal records for individuals acquitted or having charges dismissed (with prejudice, no-bill by grand jury, or nolle prossed without conditions) without requiring a court petition. It applies to felony, misdemeanor, traffic, boating, or municipal violation cases where no new charges are filed within 14 days. The bill eliminates associated fees and ensures expunged records remain accessible only for related civil legal matters, with redaction after resolution. This changes current law by removing the need for defendants to file petitions, streamlining record clearance for those cleared of charges. The law takes effect October 1, 2026.

Issues: ✓ Criminal Justice

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2026

Committee Review

Floor Vote

Governor

Introduced Jan 15, 2026 Last action Mar 11, 2026

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What changed between versions

Introduced → Judiciary 1st Substitute · 6 edits

MODERATE

The bill was amended to expand eligibility for expunging criminal records by lowering waiting periods from 14 days to 90 days for dismissals and adding new categories for expungement, including successful completion of drug or mental health court programs, dismissal without prejudice under specific conditions, and victims of human trafficking. It also clarifies that expungement can be a condition of certain court programs and sets a one-year waiting period after program completion.

Scope change

The bill's scope expanded from automatic court-ordered expungement for a narrow set of dismissed charges to a broader system allowing petitions for expungement under multiple new circumstances, including specific court programs and human trafficking victims.

TIMELINE

The waiting period for expungement following a dismissal with prejudice, not guilty finding, or nolle prossed was reduced from 14 days to 90 days.

ELIGIBILITY

New eligibility was added for individuals who successfully complete drug court, mental health court, diversion, veteran's court, or other deferred prosecution programs, allowing expungement one year after completion.

New eligibility was added for individuals whose charges were dismissed without prejudice more than one year ago, provided they have not committed other crimes in the previous two years.

New eligibility was added for victims of human trafficking who committed offenses while being trafficked, allowing expungement if they prove the offense occurred during the trafficking period.

New eligibility was added for individuals convicted of misdemeanors to petition for expungement after three years, subject to restrictions on violent, sex, and moral turpitude offenses.

REQUIREMENT

The requirement that the court must order expungement on its own motion without a petition was removed, shifting the process to require a filed petition by the individual.

Floor votes

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Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 11, 2026

Lower · Passed

Reported Out of Committee House of Origin

lower

Jan 15, 2026

Lower · Passed

Pending Committee Action in House of Origin (Judiciary)

lower

1 primary · 0 co-sponsors