Alabama Arrest Records

Alabama arrest records are official documents that contain information about arrest events. Arrest events occur when law enforcement officers apprehend and book suspected lawbreakers. However, arrest events do not include situations where the offender was questioned or issued a citation.

Police officers may conduct arrests with or without an arrest warrant. Warrants are court documents that authorize the arrest of suspected offenders. To get warrants from the court, officers might produce an affidavit that shows sufficient evidence of the offender's wrongdoing.

Law enforcement officers may book and detain arrestees. The booking process involves collecting the following data:

• The offender's personal information.
• Arrest data
• Case number

In Alabama, local- and state-level law enforcement agencies are the primary custodians of arrest records. You may find arrest records under the jurisdiction of these agencies:

• The Jefferson County Sheriff's Office.
• The City of Huntsville Police Department.
• The Birmingham City Police Department.

Are Arrest Records Public in Alabama?

Yes, most arrest records are treated as public records under Alabama law. The Ala. Code § 36-12-40 states that public members can legally access and obtain copies of records generated by public agencies during their official business.

The law also requires public agencies to make these records available for inspection or duplication upon request. However, it limits public access to information it deems confidential in the interest of the public, government, and crime victims. These exceptions might include the following:

• Juvenile arrest records, including legal documents, probation information, and medical data.
• Expunged or sealed records in accordance with court orders or statutes.
• Investigative reports or related data collated by law enforcement agencies.
• Mental health records.
• Sensitive financial records.

Alabama Arrest Statistics

Per the FBI's Crime Data Explorer, Alabama's law enforcement agencies made 139,216 arrests in 2023. The arrest report covered information on the arrestee's gender, race, and crime categories. Per the report, there were 17,185 and 11,849 arrests for drug possession and larceny, respectively. In contrast, Crime in Alabama provides more comprehensive data for arrests made in 2022. Per the agency's report, the state recorded 123,299 arrests, with Jefferson County having the highest number of arrests at 36,638.

Find Public Arrest Records in Alabama

In Alabama, you can find public arrest records through different custodian agencies. Each agency might have a distinct way of providing access to these records. Nevertheless, interested parties may follow these general outlines when locating arrest records in Alabama:

• Identify the record and format: You might first determine which arrest information you need to obtain. Arrest information may include the arrestee's personal data, arrest date, booking number, and bond amount. Inquirers should also identify the format in which they want to view the records. The next step is determining which agency is in charge of the record.
• Determine the agency in charge of the record: The type of record an individual needs can point them to the right agency. Knowing where to look is the next step in the search process. Most initial arrest records are typically in the custody of the arresting agency. If the inmate is processed to a county jail, additional records may be created at the facility. Searchers can start by finding out where the crime and arrest occurred. That way, they can trace the arresting agency or detention facility where the inmate is being held.
• Understand the process and requirements for obtaining the record: Record seekers can contact the arresting agency to learn how to obtain the records. The police department or sheriff's office may allow online or offline requests for records in their custody. In some cases, record seekers may pay specific fees to retrieve the requested record.
• Obtain a Subpoena: Individuals may sometimes have to go through the state's court system to obtain records. Some police departments and sheriff's offices may reject requests for arrest records they believe are protected by law. In that case, the requester may petition a court and secure a subpoena instructing the record custodian to produce the requested arrest information. According to Rule 45 of the Alabama Rules of Civil Procedure, courts handle and issue subpoenas intended to command the release of documents and records.
  Before asking the court for the subpoena, inquirers must initiate a civil legal proceeding against the agency by filing a summons and complaint and notifying the agency of such proceeding. During the case, the requesting party must send a Notice of Intent to Serve Subpoena on a Non-Party to the agency 15 days before submitting a request for the subpoena to the court. The intended subpoena must be attached to the notice.
  However, inquirers do not need the court's permission to submit the notice if they send it within 45 days of starting the legal process unless they have already communicated with the defendant about the records. The defendant has 10 days to object to the issuance of the subpoena.

What is Included in Alabama Arrest Records?

Alabama arrest records contain information that helps to identify arrested individuals and the circumstances surrounding their arrest. Typical arrest records include the following:

• The offender's personal data, including names and physical features.
• Arrest date and location.
• Circumstances around the arrest event, such as offense type and charges.
• Law enforcement agencies, such as the arresting officer's name and badge number.
• Booking data, including fingerprints and mugshots.
• Judicial data, such as case files.
• Release information, such as bail amount and release conditions.

How to Look Up Arrest Records Online in Alabama

In Alabama, interested persons or entities can locate arrest records through online resources provided by record custodians. Online access to arrest records may include searchable databases or online forms. Inquirers may locate arrest records through online searchable databases maintained by the county sheriff's offices or the state's Department of Corrections. The latter maintains arrest information concerning inmates held in state-owned correctional facilities.

Alternatively, third-party sites may offer online access to Alabama arrest records. These sites typically source data from various government agencies, including law enforcement and correctional facilities. Furthermore, they have more centralized platforms that enable inquirers to conduct state-level searches for arrestees. That way, inquirers can find the required records without going through different local police departments or sheriff's offices. However, third-party sites operate outside government jurisdiction and, as such, may not offer accurate arrest information.

How Long Do Arrests Stay on Your Record in Alabama?

In Alabama, arrest records will permanently remain on your public records unless you apply to expunge or seal them. There are set guidelines for expunging arrest records in the state. Nevertheless, not all arrestees or arrest charges are eligible for this process. The state may restrict expungement of sex- or traffic-related arrest charges.

Expunge an Arrest Record in Alabama

Expungement is a legal process for removing arrest- or conviction-related information from publicly owned domains. The Ala. Code § 15-27 specifies the eligibility requirements and processes for expunging arrest records. Individuals seeking to expunge records must petition the appropriate court and follow the correct guidelines. Interested parties may follow these steps to expunge arrest records in Alabama:

1. Determine your eligibility to expunge records.
   Intending petitioners should confirm whether they are eligible to file for expungement before initiating the process. Alabama law only allows records to be deleted in specific cases enumerated in Ala. Code § 15-27-1 and Ala. Code § 15-27-2. In most cases, inquirers may wait for a specific period and meet specific requirements, such as paying fines and serving sentences.
2. Obtain a copy of your criminal history: The Ala. Code § 15-27-3(b) mandates petitioners to at least submit the following documents:
   • Their certified criminal record from the Alabama Law Enforcement Agency
   • Certified documents pertaining to the charge from the local court or law enforcement agency.
     However, the Alabama court system advises petitioners to provide additional details, as granting the request may only be possible if ALEA and the court can verify the location of the records related to the case. So, it is recommended to provide the following alongside the aforementioned records:
     • Copies of incarceration, arrest, and booking records from every state, city, and county law enforcement agency related to the case
     • Certified copies of dispositions and case action summaries from every circuit, district, and municipal clerk that may hold records pertaining to the case.
3. Fill out the required forms: After obtaining the required documents, the individual must fill out the Petition for Expungement of Records form provided by the state's unified judicial system. Inquirers may fill out the form using information received from other public documents. Furthermore, they must attach the necessary documents to their petition.
4. Serve a copy of the petition to the appropriate agencies: The Ala. Code § 15-27-3(C) requires the petitioner to serve a copy of the petition to the following bodies and offices:
   • The district attorney of the jurisdiction(s) where the arrest happened and the case was heard.
   • The law enforcement agencies involved in the underlying case.
   • The clerk of the court who handled the case.
   Upon receiving the petition, the district attorney will notify the victims of your decision to expunge records. The victim and the district attorney can then file their objections within 45 days of receiving the notice.
5. File the Petition: The petitioner must file the petition with the circuit court in the county where they were arrested or their case was heard. For example, a petitioner can file a petition with the Mobile County Circuit Court if the case is heard in the City of Mobile Municipal Court.
6. Pay the Required Fees: The Ala. Code § 15-27-4 instructs petitioners to pay a $500 administrative filing fee while filing the petition. The fee does not cover regular docket and court fees and is not affected by the court's decision to grant or deny the petition.
   The fees are distributed as follows:
   • State Judicial Administrative Fund: $75
   • Alabama Department of Forensic Sciences: $25
   • District attorney's office: $50
   • Circuit court clerk's office: $50
   • Public Safety Fund: $50
   • County where the incident occurred: $50
   • State General Fund: $100
   • Education Trust Fund: $50
   • Fair Trial Tax Fund: $50

The petitioner must pay for each petition if they request the expungement of multiple arrests and convictions that may have stemmed from those arrests. However, they are only required to pay once if they want to expunge an arrest record and charges tied to that arrest.
The court can waive the fee if the petitioner submits an Affidavit of Substantial Hardship and Order alongside the petition, and the court finds them indigent.
If the record contains a court judgment finding that the arrest lacked any foundation of probable cause, the court will waive court costs and docket fees. However, the individual must pay the administrative filing fee.

How Do I Find Recent Arrests in Alabama?

Inquirers may query the arresting agency to find information on recent arrests in Alabama. Arresting agencies, such as local police departments or sheriff's offices, may maintain online lists of arrest events. Note that the agencies may maintain access to recent arrests within a specific timeframe. For instance, the Baldwin County Sheriff's Office maintains an online list of arrest events in the last 24 hours.

Are Alabama Arrest Records Free?

Yes, interested parties may view free arrest records through online repositories maintained by government entities. However, you might pay search or copy fees when requesting copies of the record.

Some third-party search sites also allow free viewing of arrest records. The sites may, however, request a fee to release full copies of the record.