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State legislators approved a law known as the REDEEMER Act. It creates allowances for individuals to expunge eligible misdemeanors and nonviolent felonies.

About The REDEEMER Act

Alabama's Expungement Designed to Enhance Employment and Eliminate Recidivism Act (aka The REDEEMER Act) expands existing law and creates opportunities for residents to seal certain criminal records.

The Act notes that individuals who have been charged with misdemeanor offenses, traffic violations or municipal ordinance violations may petition to have their records expunged if:

• The charge was dismissed with prejudice and more than 90 days have passed.
• The charge was not billed by a grand jury and more than 90 days have passed.
• The defendant was found not guilty of the charge and more than 90 days have passed.
• The charge was nolle prossed without conditions, more than 90 days have passed and the charge(s) have not been refiled.
• An indictment was quashed and the statute of limitations for refiling has expired or the prosecuting attorney confirms the charges will not be refiled.
• Charges were dismissed following the successful completion of a drug court program, mental health court program, diversion program, veteran's court or any court-approved deferred prosecution program.

Some felony charges may also be eligible for expunction under the above circumstances.

Learn more.

Support For Second Chance Laws

State Representative Juandalynn Givan of District 60 was a major supporter of the push to make it easier to expunge eligible records. She also sponsored a bill which seeks to remove some fees associated with the expunction process. Givan feels the current cost is prohibitive for many.

While speaking in support of that bill, Givan noted: "For those individuals who cannot afford the process, it's very taxing. Why should that individual have to pay to have something remove from their record that nine times out of ten should not have been on their record anyway?”

By reducing the expense of an expungement, Givan hopes people will be able to have applicable convictions sealed. In turn, this can help them find housing, jobs and other necessities.

What Alabama Employers Should Know

Employers in Alabama should be aware of the REEDEMER Act which went into effect in July 2021. Its passing means many individuals could have criminal records expunged. If that happens, they can no longer be used by organizations when making employment or other decisions about consumers.

By working with an accredited Consumer Reporting Agency (CRA), organizations demonstrate they are taking reasonable steps to avoid negligent hiring claims and comply with second chance laws. A reputable CRA has a quality assurance program in place to avoid reporting records that are outdated, expunged or should otherwise not be considered.

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