§ 15-27-7 — Archive of Records; Withdrawal of Records from National Criminal Records Repository

(a) Upon receipt of the order of expungement, a criminal justice agency in possession of records subject to the order shall immediately forward the records to the Alabama State Law Enforcement Agency. The agency shall digitally archive the records in a manner prescribed by the Alabama Justice Information Commission and designate the records as protected, except as provided in other provisions of this chapter. The records may not be used for any non-criminal justice purpose, except as otherwise provided in this chapter, and may be made available to criminal justice agencies, a district attorney, or a prosecuting authority upon acknowledgement of an investigation or other criminal matter involving the person related to the expungement. Any expunged records that were added to a federal database shall be requested to be removed and not made available within any interstate criminal database. Records may also be made available to the Department of Human Resources for the purpose of investigation or assessment in order to protect children or vulnerable adults. Expungement under this chapter does not expunge reports that are indicated, as defined in Section 26-14-8.
(b) Records expunged under this chapter may not be transmitted to the Federal Bureau of Investigation national criminal records repository. Any record subject to be expunged under this chapter and transmitted to the Federal Bureau of Investigation prior to the expungement of the record shall be requested for withdrawal within the national system by the Alabama State Law Enforcement Agency.

Legislative History

(Act 2014-292, p. 1043, §7; Act 2021-286, §2.)