Can I Get an Arrest Record for Child Abuse Expunged in Alabama?
Full Question:
Answer:
In the case of a person investigated for child abuse which does not lead to a conviction, the agency or authority holding the information related to the investigation has a duty to expunge the information and any data developed from it from their records.
The statute says that the information to be expunged includes "any record of the information or report and any data developed from the record". Even in cases where an expungement of records is granted, two very important records will typically remain in existence and will be viewable by the general public for the rest of that person's life. These two records are:
(1) The original arrest record which contains the arresting officers notes, reports, etc. This arrest record will also usually contain police investigator's notes, photographs, confessions, or any other evidence seized or testimony taken during an arrest
(2) The record of the action of the court.
I suggest calling the clerk of court to inquire about possible remedies, as local court expungement procedures vary by court.
The following is an Alabama statute:
§ 26-14-3. Mandatory reporting.
(a) All hospitals, clinics, sanitariums, doctors,
physicians, surgeons, medical examiners, coroners, dentists,
osteopaths, optometrists, chiropractors, podiatrists, nurses,
school teachers and officials, peace officers, law
enforcement officials, pharmacists, social workers, day care
workers or employees, mental health professionals, members of
the clergy as defined in Rule 505 of the Alabama Rules of
Evidence, or any other person called upon to render aid or
medical assistance to any child, when the child is known or
suspected to be a victim of child abuse or neglect, shall be
required to report, or cause a report to be made of the same,
orally, either by telephone or direct communication
immediately, followed by a written report, to a duly
constituted authority.
(b) When an initial report is made to a law enforcement
official, the official subsequently shall inform the
Department of Human Resources of the report so that the
department can carry out its responsibility to provide
protective services when deemed appropriate to the
respective child or children.
(c) When the Department of Human Resources receives initial
reports of suspected abuse or neglect involving discipline
or corporal punishment committed in a public or private
school or suspected abuse or neglect in a state-operated
child residential facility, the Department of Human
Resources shall transmit a copy of school reports to the
law enforcement agency and residential facility reports to
the law enforcement agency and the operating state agency
which shall conduct the investigation. When the
investigation is completed, a written report of the
completed investigation shall contain the information
required by the state Department of Human Resources which
shall be submitted by the law enforcement agency or the
state agency to the county department of human resources
for entry into the state's central registry.
(d) Nothing in this chapter shall preclude interagency
agreements between departments of human resources, law
enforcement, and other state agencies on procedures for
investigating reports of suspected child abuse and neglect
to provide for departments of human resources to assist law
enforcement and other state agencies in these
investigations.
(e) Any provision of this section to the contrary
notwithstanding, if any agency or authority investigates
any report pursuant to this section and the report does not
result in a conviction, the agency or authority shall
expunge any record of the information or report and any
data developed from the record.
(f) Subsection (a) to the contrary notwithstanding, a
member of the clergy shall not be required to report
information gained solely in a confidential communication
privileged pursuant to Rule 505 of the Alabama Rules of
Evidence which communication shall continue to be
privileged as provided by law.