DeKalb County Arrest Records

When a penal code is violent, the prime suspect of such an offense may be apprehended and detained in custody by law enforcement authorities. An arrest can be executed with or without a valid warrant. Upon arrest, the standard procedure involves booking the suspect at the nearest county jail or police station.

Booking, in this sense, is the official documentation of the arrestee's personal details, circumstances of the arrest, fingerprints, personal belongings at the time of the arrest, and other pertinent information. This is typically followed by an initial arraignment before a judge of reputable court standing, where further deliberations and final decisions are made.

Such a decision may be to grant the arrested person bail on specific conditions or release on "Own recognizance" (also called personal recognizance, which means a temporary release from detainment without the condition of posting bail. However, on a written oath by the arrestee to appear in court when asked to do so).

Law enforcement agencies in charge of an arrest in Dekalb County are responsible for creating and maintaining arrest documents detailing the evidence and probable cause leading to an arrest incident. Members of the public may access these records through any means provided by the agency or as part of their public files, such as Dekalb County Court Records or Alabama criminal records maintained by the Alabama Law Enforcement Agency (ALEA).

Are Arrest Records Public in DeKalb County?

Yes. Following the Alabama Open Records Law, codified in § 36-12-40 of the Code of Alabama, interested members of the public can view or obtain copies of Dekalb Cunty arrest records provided they are within the permissions of the law. Hence, law enforcement agencies are expected to provide access to public arrest files regarding an arrest incident within their jurisdiction. However, this access comes with certain exceptions.

A few of these exceptions include the following:

• Arrest records related to minors under 18, including their medical files, probation records, and criminal history records, are not publicly disclosable.
• Per Ala. Code § 12-21-3.1, confidential criminal intelligence and investigative materials are not public information, especially where disclosure may negatively impact a person's chances of obtaining impartial justice.
• Arrest records contain confidential information about an arrest incident, including an arrestee's mental health information, financial information, and medical records.
• Expunged or sealed arrest records by statute. If an officer releases such information after a court order has been issued for its expunction, they may be charged with a misdemeanor.
• Records that are limited by state or federal code.

What Do Public Arrest Records Contain?

The Alabama Open Records Law authorizes public access to the following important information generated and collated by arresting agencies in Dekalb County in connection to an arrest incident:

• The arrested person's biographical information, including name, aliases, year of birth, ethnicity, last known address at the time of the arrest, eye color, hair color, height, and weight.
• The arrestee's booking number, date booked, and time booked.
• Detailed description of the alleged offense, charges, and offense date.
• The release date and time.
• The facility where the arrestee is held.
• Warrant number.
• The arresting agency.
• The issuing authority.
• Disposition.
• Bond type, and amount.
• Total due of fine and costs.

DeKalb County Arrest Statistics

According to the 2022 Arrest Statistics Report published in the Alabama Arrest Table Dashboard by the Alabama Law Enforcement Criminal Justice Information Services (CJIS), Dekalb County law enforcement reported 1,304 arrests, accounting for an arrest rate of 50,722 per 100,000 residents that year.

Of this number, there were 1,279 adult arrests, while juvenile arrests occurred 25 times. Part 1 offenses like rape, robbery, aggravated assault, and homicide accounted for 72 adult arrests. Meanwhile, Part II offenses made up 1,207 adult arrests, encompassing arrests for including possession of drugs, drug abuse, and liquor. Finally, Part I juvenile arrests constituted 5 of the apprehensions records, while Part II juvenile arrests occurred 20 times.

Find DeKalb County Arrest Records

Anyone looking to find Dekalb County Arrest Records should determine where and why the individual was arrested. This information eases the process of knowing whether the individual was arrested for violating a state or federal law or local ordinances and where they may be held as a result.

Arrestees are routinely booked into the county detention center supervised by the Sheriff's Correctional Division. Per the Open Records Law, the division is typically expected to generate booking records for each inmate and make them publicly accessible. In that case, interested persons should contact the Sheriff's Office for details of their loved ones detained at the county jail.

The Dekalb County sheriff's office provides several resources for finding arrestees currently in detention at the county jail and anyone released within 48 hours. The DeKalb County Detention Center Inmate Roster houses the information of inmates arrested and booked in the county jail. Users may access the roster by entering the inmate's name or ID number.

Available search results include the inmate ID, age, gender, race, address, booking date, arresting agency, charges, and bond. On the other hand, one can find a list of defendants released from county jail within 48 hours, including their ID, name, date of release, bond, charges, and other pertinent details.

Finally, state and federal law enforcement authorities may arrest a person within Dekalb County for violating the state or federal penal code. In this case, residents within the county looking to find information on their loved ones incarcerated at a state or federal prison should utilize the resources provided by the arresting agency.

Inquirers may utilize the online inmate search portal provided by the Alabama Department of Corrections to find information on people sentenced to an adult facility in Alabama. The ADOC portal enables name and number searches. However, written inquiries can be made using the public records request form provided on the website.

Meanwhile, requesters can explore the Federal Inmate Locator provided by the Bureau of Prisons to locate federal inmates in custody. The tool allows users to search for incarcerated inmates using required search parameters, such as the inmate's name or register numbers. Additional inmate records can be retrieved using the BOP's Freedom of Information Act request.

Free Arrest Record Search in DeKalb County

Dekalb County arrest records can be located for free by utilizing the aforementioned resources provided by local law enforcement agencies. Nonetheless, private aggregate sites offer access to an online database of arrest documents at no cost or with minimal cost. Often, inquirers can find other public records related to a search subject, especially for users desiring comprehensive records—individual third-party sites charge based on their operational decisions and the user's volume of requests.

How Long Do Arrests Stay on Your Record?

Indefinitely. Dekalb County arrest records are never entirely deleted. However, eligible individuals may petition the presiding court to have them sealed and restricted from public access. Notwithstanding, certain arrest information is not part of public records, especially if arrestees have never been prosecuted or charged. That said, criminal justice agencies still retain exclusive access to sealed documents.

Expunge DeKalb County Arrest Records

Ala. Code § 15-27 et seq outlines the requirements governing the expungement of arrest records in Dekalb County. Expunction of records provides relief for previously arrested persons. Hence, when asked, record holders may claim they have never been arrested for said offense.

The expungement process usually begins by filing a motion at the court where the case was filed or adjudicated. However, the applicant must first confirm that they are eligible under Ala. Code § 15-27-1. Eligibility for misdemeanor offense, municipal ordinance, or traffic violation is determined under the following circumstances:

• The arrestee was charged for said offense but later dismissed on the grounds of prejudice.
• The subject was declared not guilty of the alleged offense.
• The defendant is also a victim of sex trafficking.
• A grand jury settled the case as a "no-billed".
• The charge was dismissed for over two years without prejudice but never refiled by the prosecutor.
• The defendant was never convicted of any other felony or misdemeanor crime, violation, or infraction.

Meanwhile, owners of records petitioning for the expungement of more serious cases, such as felony offenses, are expected to meet the following requirements per Ala. Code § 15-27-2. This includes:

• The subject was not found guilty of the crime, and over 90 days have passed.
• The charge was dismissed with prejudice, never refiled, and 90 days have passed.
• The charge has been "nolle prossed," and 90 days have passed.
• A grand jury never billed the case, and it has been over 90 days.

Petitioners may be required to submit the following documents and information in court:

• A copy of their certified ALEA criminal history record.
• Certified copies of court dispositions from the Dekalb County Ninth Judicial Circuit Court or related municipal courts.
• Booking, arrest, incarceration documents, and related information from corresponding arresting agencies.

Afterward, the individuals may fill out and submit a copy of the Petition for Expungement of Records (Form CR-65 7/2016), including the record holder's names, case numbers, and charges to be expunged to the judicial circuit court clerk. Next, a copy of the form should be delivered to the Dekalb County District Attorney's office and other relevant county law enforcement agencies maintaining the record.

Filing a petition does not guarantee that the request will be approved. Alabama law authorizes the district attorney and case victim(s) to file an approval or objection to the motion within 45 days of receiving the notice. Finally, expungement may cost each petition a $500 administrative filing fee. Nonetheless, a waiver may apply if the applicant submits an Affidavit of Substantial Hardship and Order when filing the petition.

DeKalb County Arrest Warrants

Per Ala. Code § 15-7-4(a), arrest warrants are written legal directives issued by a judge or reputable court authorizing a peace officer to seize and restrict a person's freedom of movement until further notice. Arrest warrants can be issued for several reasons, including failing to obey terms of probation, violating a court order, failing to pay child support, and committing an offense.

Before an arrest warrant is issued, the affiant is expected to submit an affidavit and evidence, including probable cause, that the named subject should be apprehended. A Dekalb County arrest warrant is expected to contain the name of the person to be arrested, physical description, alleged crime, the county of issuance, and the issuing officer's name, signature, and title of office.

Do DeKalb County Arrest Warrants Expire?

No. Dekalb County arrest warrants never expire until the executing office or agency carries out the directive to present the defendant in court or the subject surrenders willingly. However, the court may recall or quash the order if necessary.