Alabama Code 15-27-20. Release 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:
Terms Used In Alabama Code 15-27-20
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: means next after. See Alabama Code 1-1-1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
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.