Elmore County Arrest Records

Law enforcement officials in Elmore County are authorized to arrest persons suspected of a criminal offense. An arrest is the legal act of placing an individual under a law enforcement agency's custody. An arrest becomes necessary in Elmore County when:

• A crime is committed in an officer's presence
• A court issues a warrant for a suspect's arrest
• An officer has probable cause to believe a suspect will commit a crime or has committed a crime.

Besides preliminary investigations, an arrest is one of the first steps in judicial proceedings to make a suspect answer for a crime they are accused of. As a result, arrests are usually documented. The legal documentation of an arrest is known as an arrest record. They are typically created and maintained by law enforcement agencies after an arrest is made by any of their officers. Furthermore, numerous government records feature arrest records, including Elmore County Court Records and Alabama Criminal History Records.

Are Arrest Records Public in Elmore County?

Yes. Alabama Code § 36-12-40 establishes the statutory rights of citizens of Alabama to inspect and copy public records generated and maintained by public agencies, provided they are not otherwise exempt by law. As public agencies, local law enforcement agencies in Elmore County allow public access to records they generate, including most arrest records. As a result, county residents can query local law enforcement in Elmore County to access arrest records.

However, some information and records are considered private. As a result, they are exempt from being public and only disclosable to eligible persons, such as the subject to the record, and public agencies in conducting their official duties. These records include but are not limited to:

• Juvenile arrest records
• Expunged records
• Complaint and investigative records
• Records exempt by specific state or federal statutes

What Do Public Arrest Records Contain?

Information found in public arrest records in Elmore County typically includes:

• The arrestee's information: this includes their full legal name, known alias, and date of birth
• Physical description of the arrestee: such as their race, gender, height, weight, recognizable marks (like scars and tattoos), hair and eye color
• The arrest details; include the location, date, and time of the arrest, as well as the type of alleged crime (e.g., misdemeanor or felony).
• The arresting office and their agency's details: namely, the arresting agency's information and the arresting officer's name and badge number.
• Booking information: as such, the arrestee's booking number, date, and time, as well as the arrestee's mugshot
• Bond amount (if available)
• Details about court cases connected to the arrest and the presiding court

Elmore County Arrest Statistics

Arrest statistics provided by the Alabama Law Enforcement Agency (ALEA) in its Crime in Alabama portal reveal that 3,529 arrests were made in Elmore County in 2023. This is a rate of 41,630 per 100,000 residents. A breakdown of the total arrests in 2023 shows that 3,492 were adult arrests and 36 were juvenile arrests. Furthermore, "part II" crimes, which include liquor abuse, drug abuse, drug sale, and drug possession, accounted for most arrests in Elmore County in 2023. In total, there are 3,146 arrests for "part II" crimes. Generally, Elmore County reported a minimal decrease (1.81%) in recorded arrests in 2023 compared to the previous year (2022), where 3,571 arrests were reported.

Find Elmore County Arrest Records

Record seekers can direct their queries for Elmore County arrest records to local law enforcement agencies. These include the Elmore County Sheriff's Office and local police departments like Tallassee Police Department, Millbrook Police Department, and others that serve local municipalities. As previously explained, these agencies create Elmore County arrest records. They also typically have administrative staff the general public can query to request records they generate.

Ideally, record seekers can begin their search for Elmore County arrest records by contacting the municipality police department where the arrest took place. For instance, interested persons can contact the Tallassee Police Department if the arrest occurred in the City of Tallassee. Subsequently, record seekers can extend their search to the Elmore County Sheriff's Office and other local police departments. The Elmore County Sheriff's Office and Tallassee Police Department administrative offices can be contacted at:

Elmore County Sheriff's Office
8955 U.S. Highway 231
Wetumpka, Alabama 36092
Phone: (334) 567-5546

Tallassee Police Department
214 Barnett Blvd
Tallassee, Alabama 36078
Phone: (334) 283-6586 or (334) 283-6588

Depending on how an agency operates, they may accept in-person or mail-in requests for arrest records they maintain. Record seekers can make in-person requests by visiting an agency's physical address during regular office hours. Meanwhile, mail-in requests can be made using request forms provided by the agency or by drafting a written request. Regardless of the request method requesters choose to use, they should have certain information about the arrest record handy as they may need it to identify the desired arrest record. This information includes the arrestee's name or the date range of the arrest.

It is worth noting that interested persons can find information about arrestees who were booked in Elmore County Detention Center or released within the last 48 hours through the County Sheriff's Inmate Roster.

Free Arrest Record Search in Elmore County

Basic arrest information of arrestees currently booked at Elmore County Detention Center or released within the past 48 hours is accessible online for free through the jail's inmate roster. Interested persons can also conduct a free arrest record search in person at local law enforcement offices. Although the search may be free, requesters are usually charged a fee for copies of arrest records an agency furnishes.

How Long Do Arrests Stay on Your Record?

State law does not mandate a specific time for arrests to remain on individual criminal records. As a result, unless an individual successfully expunges their arrest record, it can remain indefinitely on their criminal record.

Expunge Elmore County Arrest Records

Expungement is a legal process that erases a specific entry, such as an arrest, charge, or conviction, from an individual's criminal history record. It primarily aims to restrict public access to that record.

In Elmore County, interested persons can petition to have qualifying records expunged under Alabama Expungement Laws (Code of Alabama §15-27-1 to §15-27-21). Generally, the procedures for filing an arrest record expungement petition can be broken down into the following steps:

• Step 1—Identify records that qualify for expungement: Interested persons can review applicable statutes like Alabama Code §15-27-1 and §15-27-2 to determine whether their arrest record qualifies for expungement.
• Step 2—Obtain criminal history record: A certified copy of a petitioner's criminal history record is one of the requirements for filing an expungement petition. Petitioners can obtain their criminal history records from the Alabama Law Enforcement Agency (ALEA) for a $25 administrative fee. Requesters can complete the CHRI form and submit it along with an official set of their fingerprints, a copy of their valid photo ID, and the required fee to ALEA to request their criminal history records.
• Step 3—Obtain a certified copy of the arrest record(s) being petitioned: petitioners can obtain the arrest record(s) by querying the local law enforcement agency responsible for the arrest
• Step 4—Complete the expungement petition form: Prospective petitioners must complete the Petition For Expungement of Records form (CR-65) and attach relevant documents to the petition, such as the petitioner's criminal history record and arrest record(s) being petitioned.
• Step 5—File the expungement petition along with other attached documents with relevant agencies: Pursuant to Alabama Code § 15-27-3(C), petitioners must submit their expungement petition and other attached documents to the following public offices and agencies within the jurisdiction where the arrest occurred:
  • The District Attorney's Office (Elmore County District Attorney)
  • The law enforcement agency responsible for the arrest
  • The County's Circuit Clerk office (Elmore County Circuit Clerk)
• Step 6—Pay the expungement administrative filing fee: this is a $500 fee per Ala. Code § 15-27-4 that is distributed as follows;
  • The State Judicial Administrative Fund - $75
  • The Alabama Department of Forensic Sciences - $25
  • The District Attorney's office - $50
  • The circuit court clerk's office having jurisdiction over the matter - $50
  • The Public Safety Fund - $50
  • The general fund of the county where the arresting law enforcement agency is located - $50
  • The state General Fund - $100
  • The Education Trust Fund - $50
  • The Fair Trial Tax Fund - $50

Note that petitioners can request an administrative filing fee waiver by submitting an Affidavit of Substantial Hardship and Order along with their expungement petition form.

After necessary documents are filed with the appropriate offices and required fees are paid, or the fee waiver is granted, the presiding court may set a hearing date. During the hearing, the petitioner and other relevant parties can present oral arguments and relevant documentation in support of or objection to granting the petition. Subsequently, the presiding court would review arguments provided by the opposing side and choose whether to grant the petition at its sole discretion. However, if no objections are raised to the expungement petition, the presiding court may grant it without a hearing. Once the courts grant the petition, relevant agencies are afforded 180 days to expunge affected records.

Elmore County Arrest Warrants

An arrest warrant, also known as a warrant of arrest, is a court order directed to a law enforcement officer that commands a defendant's arrest. A magistrate or judge may issue a warrant if they are satisfied with the reasonable grounds established in a criminal complaint filed with them alleging the defendant committed a crime. Under Alabama Code §15-7-4, an arrest warrant must be in writing and contain:

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

Do Elmore County Arrest Warrants Expire?

Elmore County arrest warrants do not expire. They typically remain active until their execution or the defendant's death.