§ 41-9-645 — Purging, Modification, or Supplementation of Criminal Records - Applications by Individuals; Appeals; Costs

Alabama § 41-9-645

• Jurisdiction: Alabama
• Title 41: State Government
• Ch. 9: Boards and Commissions
• Art. 23: Alabama Justice Information Center Commission
• Div. 2: Collection, Dissemination, Etc., of Criminal Data

Text

(a) If an individual believes information is inaccurate or incomplete, he or she may request the original agency having custody or control of the detail records to purge, modify, or supplement them and to notify SBI of the changes.
(b) If the agency declines to act or if the individual believes the agency’s decision is unsatisfactory, the individual or his or her attorney, within 30 days of the decision and with notice to the agency, may enter an appeal to the circuit court of the county of his or her residence or to the circuit court in the county where the agency exists. The court in each case shall conduct a de novo hearing and may order relief as it finds to be required by law. Appeals shall be entered in the same manner as appeals are entered from the court of probate; except, that the appellant shall not be required to post bond nor pay the costs in advance. If the appellant desires, the appeal may be heard by the judge at the first term or in chambers. A notice sent by registered or certified mail shall be sufficient service on the agency of disputed record that the appeal has been entered.
(c) The party found to be in error shall assume all costs involved.

Legislative History

(Acts 1975, No. 872, §33; Act 2019-495, §1.)