FISCAL NOTE

Senate Bill 117 as introduced and as amended and reported by the Committee on Judiciary removes the violent offense prohibition for expungement of a felony offense. In addition, this bill removes the requirement for an individual filing a petition for expungement to pay court costs, docket fees or any other any fees associated with the filing of the petition. This would reduce revenues to the State General Fund, county general funds and other funds that court costs are deposited, by an undetermined, dependent upon the number of individuals that file a petition for expungement.

According to information provided by the Alabama Law Enforcement Agency, based on the number of expungements in fiscal year 2020 (a total of 727), the annual reduction in administrative fees collected would total an estimated $218,000. The current administrative filing fee for expungement is $300 and is currently distributed as follows:

1. $75 to the State Judicial Administrative Fund;

2. $25 to the Department of Forensic Sciences;

3. $50 to the District Attorney’s Office;

4. $50 to the Clerk’s Office of the circuit court having jurisdiction over the matter;

5. $50 to the Public Safety Fund; and

6. $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 or the municipality or other entity or state agency funding the law enforcement activity if the arrest was made by another law enforcement agency.