Remissions of forfeitures may be granted in conjunction with a
pardon at a properly noticed Board hearing. All pardon procedures established
shall generally apply to remissions of forfeitures except as follows:
(1) The Board will exercise its authority to
remit forfeitures only in cases to which the State of Alabama is a
(2) An individual seeking
remission of a forfeiture shall file an application on a form approved by the
Agency. (Form ABPP-5). The application shall contain a short and plain
statement of the reasons that the applicant believes it would be just for the
Board to remit some or all of the forfeiture imposed.
(3) No application for remission of
forfeiture will be considered unless the principal has been convicted of the
(4) The Board
will consider applications for remission of forfeiture from the principal and
the surety, with notice of the Board's forfeiture remission hearing and action
taken provided to both the principal and the surety. In making their
application, applicants applying individually as the principal or the surety
must provide up-to-date contact information for both the principal and
(5) All parties shall
cooperate in the agency's investigation of the matter, which will include
information about the applicant's personal, social, and criminal history and
the details of the offense at issue. The investigation shall provide a clear
picture of the applicant's economic status.
(6) The investigating officer shall contact
the sentencing judge and the appropriate district attorney or their successors
to seek their input.
(7) When the
Board considers an application for remission of forfeiture, it shall consider
whether to deny the remission entirely, remit a portion of the forfeiture (and
if so, what portion), or remit the entire forfeiture. Unless a majority of the
Board agrees to a specific grant of relief, all relief is denied. No applicant
shall be permitted to file a subsequent petition for remission on the same case
after the Board has decided his or her case.
(8) If the Board votes to grant a remission,
each member of the Board favoring the grant shall enter into the file a
detailed statement of his or her reasons for favoring such remission. The
remission order shall specify what portion of the forfeiture is remitted. This
entry and order shall become public record. All other portions of the file
shall remain subject to statutory privilege.