Cullman County Arrest Records

Arrests are made in Cullman County to maintain law and order. An arrest entails a law enforcement agency confining an individual to a specific location for committing a crime or being alleged to have committed a crime. Usually, an arrest can be made under the authority of an arrest warrant. Nonetheless, an arrest may be made without a warrant per Alabama Rules of Criminal Procedure Rule 4.

An arrest typically leads to the creation of an arrest record, which is legal documentation that the arrest occurred. Law enforcement agencies generate and preserve these records after arrest. They contain pertinent information about an arrest, like the arrestee's name and details about the alleged offense. Arrest records are important because they provide information about an individual's criminal past and can play a crucial role in initiating a crime case. As a result, arrest records are usually included in Cullman County Court Records and Criminal History Records maintained by the Alabama Law Enforcement Agency and local law enforcement agencies in Cullman County.

Are Arrest Records Public in Cullman County?

Yes. Alabama Public Record Law, codified in the Code of Alabama § 36-12-40, states that every citizen has the right to access and copy public records in the state of Alabama. Public agencies generate and maintain these records regarding public businesses they handle, such as arrests. As a result, most arrest records in Cullman County are public and accessible to Alabamians.

However, the Alabama Public Record Law is not absolute. Some records are deemed confidential and inaccessible to the public pursuant to a court order or other applicable state or federal statutes. Some examples of these records include:

• Juvenile arrest records per Ala. Code § 12-15-134.
• Law enforcement investigation records under Ala. Code § 12-21-3.1.
• Expunged records.

Although these "confidential" records are inaccessible to the general public, specific eligible individuals and government entities may be allowed access to them.

What Do Public Arrest Records Contain?

The following details are provided in public arrest records in Cullman County:

• The arrestee's full name, known aliases, and date of birth
• The arrestee's height, weight, sex, race, and identifiable marks, like scars, birthmarks, or tattoos
• The arrestee's mugshots
• The arrest date, time, and location
• The arresting officer's name, badge number, and their agency's details
• The category of the alleged offense (i.e., misdemeanor or felony)
• Booking date and time, as well as the arrestee's booking number and holding facility
• Bail amount and release condition (if available)

Cullman County Arrest Statistics

Arrest data provided in the Crime in Alabama portal indicates that Cullman County recorded 2,070 arrests in 2023, at a rate of 8,384 per 100,000 residents. The Crime in Alabama portal is provided by the joint efforts of the Alabama Law Enforcement Agency and the Institute of Data and Analytics at the University of Alabama's Culverhouse College of Business. Of the 2023 arrest total, adult arrests (2,052) made up a significant number of arrests. Meanwhile, juvenile offenders accounted for 18 arrests. Furthermore, part II offenses, like drug sales, liquor abuse, drug possession, and drug abuse, accounted for most arrests (1,712) in Cullman County in 2023. Compared to 2022, when Cullman County reported 2400 arrests, there was a 14.76% decrease in recorded arrests in the county in 2023.

Find Cullman County Arrest Records

Cullman County arrest records are accessible through local law enforcement agencies. These agencies are the primary custodians of arrest records and are responsible for generating them when law enforcement officers they employ make arrests. Hence, these agencies are good starting points for individuals looking to find Cullman County arrest records.

Each agency's procedures for requesting arrest records may vary. However, most agencies accept in-person and mail-in requests, while some provide a dedicated phone line or email address for making record requests. Nonetheless, requesters must provide information that identifies the desired arrest record when making requests. This information includes but is not limited to, the arrestee's full name or the arrest's date and location.

Most local law enforcement agencies, such as the Cullman County Sheriff's Office, and municipal agencies, like the Cullman Police Department, have an administrative or record division that record seekers can query to find arrest records the agency preserves. For instance, interested persons can query the Cullman County Sheriff's Office Administration Division to request arrest records the County Sheriff's Office generates. Queries can be made by visiting or contacting the County Sheriff's at:

1910 Beech Ave SE
Cullman, AL 35055
Phone: (256) 734-0342

Similarly, interested persons can visit or contact the Cullman Police Department's Record Division to request arrest records the agency maintains. The agency accepts requests made in person, by mail, phone, or via email at:

Cullman Police Department
601 2nd Avenue NE
P.O. Box 278
Cullman, AL 35055
Phone: (256) 775-7167
Email: cpdrecords@cullmanal.gov

Free Arrest Record Search in Cullman County

If record seekers choose to go through government channels, they may conduct free arrest record searches in Cullman County through local law enforcement agencies. These agencies may allow record seekers to search for arrest records for free in person at their physical address during regular office hours. Notwithstanding, record seekers are usually charged a fee when they request copies of arrest records.

Third-party websites that offer public record searches are also viable options for conducting free arrest record searches. In most cases, these third-party websites allow free access to basic arrest information, while access to more comprehensive and detailed records is subject to certain fees.

How Long Do Arrests Stay on Your Record?

In Cullman County, arrests are indefinitely fixed on an individual's criminal record. The only way to remove an arrest from one's record is by applying for expungement, which would make the arrest record inaccessible to the general public.

Expunge Cullman County Arrest Records

A Cullman County arrest record may be expunged pursuant to the Code of Alabama §15-27-1 to §15-27-21, also known as Alabama Expungement Laws. Expungement is the legal process of removing a criminal charge and all accompanying records, such as arrests, charges, and convictions entries, from an individual's criminal history record. Interested persons can petition a court with appropriate jurisdiction to have their Cullman County arrest record expunged through the following procedures:

• Review the Alabama Expungement Laws to determine if a record is eligible for expungement: Ala. Code §15-27-1 and §15-27-2 outline the eligibility requirements for a record to qualify for expungement. Only records that meet these requirements are expungeable under Alabama Expungement Laws
• Obtain criminal history records: Per Ala. Code §15-27-3(b), petitioners are required to provide their certified criminal history records when petitioning to have their record expunged. Generally, the petitioner's criminal history record is used as reference material for their expungement request. Prospective petitioners can obtain their certified criminal history records from the Alabama Law Enforcement Agency (ALEA). A requester must submit a completed ALEA CHRI form, an official set of their fingerprints, a copy of their valid photo ID, and the required $25 administrative fee to ALEA to request their criminal history records.
• Obtain a certified copy of the arrest record being petitioned for expungement: as previously explained, record seekers can obtain an arrest record from the local law enforcement agency responsible for the arrest.
• Prepare the expungement petition form: this entails completing the Petition For Expungement of Records form (CR-65) and attaching other required certified documents to the petition. These certified documents include the petitioner's criminal history record and a copy of the arrest record being petitioned.
• File the expungement petition form and other required documents to relevant agencies and public offices: Per Ala. Code §15-27-3(C) must submit their expungement petition and all other accompanying documents to the following places in the jurisdiction where the arrest took place;
  • The District Attorney's Office (Cullman County District Attorney Office)
  • The law enforcement agencies involved in the arrest (such as the arresting agency)
  • The County Circuit Court Clerk (Cullman County Circuit Clerk)
• Pay the required fees: Per Ala. Code §15-27-4 petitioner must pay a $500 administrative filing fee for an expungement petition. The fee is distributed to the following agencies and offices as follows;
  • $75 to the State Judicial Administrative Fund
  • $25 to the Alabama Department of Forensic Sciences -
  • $50 to the District Attorney's office
  • $50 to the County Circuit Court Clerk's office
  • $50 to the Public Safety Fund
  • $50 to the general fund of the county where the arresting law enforcement agency is located
  • $100 to the State General Fund
  • $50 to the Education Trust Fund
  • $50 to the Fair Trial Tax Fund

A petitioner may request a filing fee waiver by submitting an Affidavit of Substantial Hardship and Order with their expungement petition form if they are unable to pay the $500 administrative filing fee.

Following the submission of the required documentation for record expungement to a court of appropriate jurisdiction over the matter, the court will review the documentation and decide whether or not to grant the petition. However, if any relevant agencies or public offices, such as the District Attorney's Office, object to the petition, a hearing will be set. Subsequently, if the petition is granted, a court order expunging the petitioned record would be issued. From the order issuance date, relevant agencies have 180 days to remove the expunged record from their public records.

Cullman County Arrest Warrants

Ala. Code §15-7-4 describes an arrest warrant as an order in writing that a judge or magistrate can sign and issue that compels law enforcement officers to arrest a defendant suspected of committing an offense. A judge or magistrate may issue an arrest warrant in accordance with Ala. Code §15-7-3 if they receive a complaint alleging a defendant committed a crime, and there are reasonable reasons to believe the defendant is guilty. Furthermore, per Ala. Code §15-7-4 an arrest warrant must contain the following information:

• The defendant's name (if known)
• The alleged offense's name
• The issuing county's name
• The issuing judge or magistrate's name, signature, and their office's initials

Do Cullman County Arrest Warrants Expire?

The Code of Alabama does not specify a deadline for the expiration of an arrest warrant. Hence, a Cullman County arrest warrant can remain active indefinitely pending the named defendant's arrest. However, the issuing court can quash or recall an arrest warrant if it was unjustly issued.