Montgomery County Arrest Records

Montgomery County arrest records are prepared after law enforcement takes individuals into custody for suspected crimes. These contain information about a person's arrest and subsequent detention.

People looking for arrest records in Montgomery can approach the Sheriff's Office or the city police department that executed the arrest. Interested parties can also approach courts, as arrest information becomes part of Montgomery County court records when arrestees are arraigned and prosecuted. Further, arrest histories are maintained by the Alabama Criminal Justice Information Service because they are part of the state's criminal records.

Arrest records are generally available to the public to enable individuals to track down their arrested loved ones and aid lawyers in building a client's legal defense. People also need these records to apply for expungements, run background checks on employment candidates, and evaluate crime incidents within their neighborhoods.

Are Arrest Records Public in Montgomery County?

Yes, arrest records are part of Montgomery County's public records. Ala. Code § 36-12-40, Alabama's public records law, allows members of the public to view and copy official records produced by state institutions and agencies, including law enforcement.

Although the law covers a broad portion of arrest records, certain details are only open to a few entities. For example, the law limits access to sensitive information whose release may pose a significant danger to private individuals or the public interest.

What Do Public Arrest Records Contain?

Members of the public can find the following information when they inspect Montgomery County arrest records:

• Arrestee's name, date of birth, photograph, height, hair/eye color, and weight
• Charges and offense description
• Bond amount
• Booking date and time

Montgomery County Crime Rate

The Alabama Law Enforcement Agency's (ALEA) Criminal Justice Information Services (CJIS) Division collects incident figures from law enforcement across the state and compiles them in annual reports, which are published on the Alabama Crime Reports website.

The 2019 report (latest available as of August 2024) shows that Montgomery County agencies recorded 9,597 total crimes, which yielded a 6,955 per 100,000 crime rate. Larceny had the highest number of offenses, with 5,298 incidents, whereas burglary came second with 2,020 incidents. There were 849 assault incidents, 1,017 counts of motor vehicle theft, and 339 robbery incidents. Further, the tally for homicide was 39, and rape had 35 occurrences.

Montgomery County Arrest Statistics

Per the Alabama CJIS report, 2,128 arrests were recorded in Montgomery County in 2019, which indicated a 3,117 per 100,000 arrest rate. Part II adult arrests (drug abuse, liquor, drug sale, possession, etc.) totaled 1,267, while Part 1 adult arrests (aggravated assaults, homicide, robbery, forcible rape, etc.) totaled 765. Meanwhile, 87 juveniles were arrested for Part 1 crimes and 9 juveniles for Part II offenses.

Find Montgomery County Arrest Records

People seeking Montgomery County arrest records can approach state and federal law enforcement agencies and correctional institutions.

County and State agencies

If a person was arrested in the county for violating state law, they may be confined in the Montgomery municipal jail (if arrested by the Montgomery police department) or Mac Sim Butler Detention Facility. Individuals can visit these facilities or arresting agencies to find information about arrested persons.

The Sheriff's Office handles the Mac Sim Butler Detention facility and provides an online tool for looking up people detained there. The Current Inmates web page shows when inmates were booked, their charges, and bond information. It also displays their weight, height, and date of birth. Meanwhile, the Recent Arrests database focuses on individuals arrested within the past 96 hours. It also shows the alleged offense, arrestee's photograph, age, physical description, and bond details.

On the other hand, one can approach the Montgomery City police department to find information about arrests performed by its officers. Interested parties can use the police report option on the City of Montgomery's website to request arrest records or call the department at (334) 625-2532 for inquiries.

The Alabama Department of Corrections also maintains details about inmates in its custody. However, the department only houses people convicted of state crimes. One can use its inmate search tool and public records request options to find details about people convicted in Montgomery County and transferred to the DOC's custody. The inmate search system, searchable by name or inmate number, provides details such as an inmate's offense, estimated release date, and case number.

People interested in using the public records requests option can fill out the Public Records Request Form and send it to the DOC by mail, email, or hand delivery using the following address information:

ADOC Central Office
Attn: Research & Planning Division
301 South Ripley Street
Montgomery, Alabama 36104

Mailing Address
Attn: Research & Planning Division
P.O. Box 301501
Montgomery, Alabama 36130-1501
Email: public.records@doc.alabama.gov

Federal Agencies

Federal agencies like the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, and Immigration and Customs Enforcement also execute arrests and maintain records. While these records are mostly confidential when investigations are ongoing, members of the public can request them in certain situations. An interested individual can generally use each agency's online or offline FOIA request form, but it is crucial to read through an official website to determine which records are available. For example, the FBI only allows subjects of arrests to request their comprehensive arrest histories.

The US Bureau of Prisons also has information about people arrested or incarcerated for federal crimes. Interested parties can request specific details using the BOP's online FOIA form. However, they may first want to use the inmate locator option to collect details, such as the inmate register number, for their public records request.

Free Arrest Record Search in Montgomery County

While online systems provided by the Sheriff's Office, Alabama DOC, and some federal agencies are free to use when accessing arrest records, individuals can also utilize non-government options (a.k.a. third-party websites).

Several third-party public records websites provide free access to arrest information generated by local law enforcement. These sites contain public arrest information sourced from official bodies and allow users to view records from Montgomery County and other jurisdictions.

Get Montgomery County Criminal Records

Criminal records generally include details about a person's arrests and prosecutions. In Alabama, the Alabama Law Enforcement Agency disseminates these records via a background check application, including criminal records collected from Montgomery County criminal justice agencies. However, these records are not open to the general public. Only entities authorized by Alabama law, such as criminal justice bodies, subjects of records, and care and adoption agencies licensed by the Department of Human Resources, can access such records. These parties typically use background checks to assess potential employment candidates, aid police investigations, and challenge criminal records.

To run a background check, an applicant must fill out the Criminal History Record Information (CHRI) application form, include the required fee ($25 for the first page and $5 for each additional copy), attach their photo ID and fingerprint card, and submit all to the ALEA in person or by mail using the following details:

301 South Ripley Street
Montgomery, AL 36104 (Adams Avenue side)

Mailing Address
P.O. Box 1511
Montgomery, AL 36102-1511

Individuals can call (334) 676-7897 to ask further questions.

Additionally, criminal court records generated in the Montgomery County district and circuit courts can be obtained when looking into a person's criminal past. Individuals can contact the Circuit Clerk's office or visit the courthouse to request court records.

Those who want to access files related to city ordinance violations and offenses handled at the city level can visit the Montgomery Municipal Court.

Montgomery County Arrest Records Vs. Criminal Records

While arrest and criminal records are sometimes used interchangeably, they are not the same. People can have arrest records without having ever been convicted of a crime. On the other hand, a criminal record usually reveals if someone was convicted of a crime. Nonetheless, in some cases, such as criminal convictions brought against business entities, there will be no arrest record.

Arrest records are generally created to maintain a written account of people's arrests. They do not indicate or confirm an arrestee's involvement in the crime and are primarily maintained by law enforcement agencies. These records can be found in the possession of courts, prosecutors, and correctional facilities if a person is charged or incarcerated.

On the other hand, criminal records encompass a person's arrest and conviction data. Different criminal justice agencies maintain these documents, but ALEA keeps the comprehensive file.

How Long Do Arrests Stay on Your Record?

Indefinitely. A person's arrest details are part of the state's criminal database until they secure an order for expungement from the circuit court. However, arrest records can only be expunged if they satisfy certain requirements. People convicted of violent felonies and sex offenses are generally prohibited from applying to erase their records.

Expunge Montgomery County Arrest Records

While expungement generally means to destroy records, Alabama law allows public agencies to maintain records after a court grants a petitioner's expungement request. However, these records are sealed from public access and treated as though they do not exist, except if certain entities request them for a lawful purpose. Criminal justice agencies, district attorneys, the Department of Human Resources, licensing/regulatory bodies, banks and financial institutions, and utility agents are permitted to view expunged records when handling affairs recognized by law.

People eligible for expungements in Montgomery include individuals arrested or tried for misdemeanors and traffic or municipal code violations whose charges were nolle prossed (never prosecuted), dismissed with prejudice, or no-billed by a grand jury. Individuals can also request expungement in the following scenarios under Ala. Code § 15-27-3:

• An indictment has been quashed and cannot be refiled.
• The charges were dismissed after completion of a diversion, drug court, or mental health court program over a year ago.
• The charges were dismissed without prejudice over a year ago.
• Evidence suggests the crime was committed when the subject was a victim of human trafficking.
• The subject was convicted but has completed their parole and probation conditions, paid off their fines, or satisfied other restitutions imposed by the court.

The conviction must be more than 3 years old, and the individual must not have been convicted of certain violent crimes and serious traffic offenses outlined in Ala. Code §§ 12-25-32, 15-20A-5, 17-3-30.1, and 32-5A.

For felony charges where the individual was not convicted, the same expungement conditions as other offenses apply except that the petitioner must apply after five years of a dismissal without prejudice. If the individual was convicted of a felony, they must have received a pardon or satisfied the provisions in Ala. Code § 15-27-2 to qualify for expungement.

Eligible parties must duly fill out a Petition For Expungement of Records and submit it to the Montgomery County Circuit Criminal Court. Every petition must contain the following per Ala. Code § 15-27-3:

• Sworn statement under the penalty of perjury affirming the petitioner's eligibility to submit the petition and whether they have applied for or received an order for expungement previously
• Certified arrest or court records
• Certified criminal history record from the ALEA's Criminal Justice Information Center
• Related criminal charges
• Arresting agency and detention facility where the individual was held

The applicant must also provide a copy of the petition and sworn statement to the Montgomery district attorney, the arresting agency (Sheriff's office or police department), and the court clerk.

People who were not convicted and their charges were dismissed with prejudice can be granted unlimited expungements. However, individuals whose cases were dismissed after completing drug or mental health programs and were convicted of non-felony offenses are limited to two expungements. People who were convicted of eligible felony crimes can apply only once.

Applicants must submit separate petitions to expunge records emanating from different arrests. They can use one petition for multiple offenses if they stem from the same arrest. Each petition costs $500.

Montgomery County Arrest Warrants

Per Ala. Code § 15-7-4(a), arrest warrants are written legal orders directing law enforcement to take a person into custody and present them before a judge or magistrate. These writs are issued by district, circuit, and municipal court judges when law enforcement authorities submit complaints or affidavits with compelling arguments that suspects have committed crimes.

Judges and magistrates can also issue warrants ordering the arrest of individuals who missed a court date, violated their probation, parole, drug, or mental health program conditions, or neglected to meet mandated obligations (like paying fines and child support). These warrants are called "bench warrants" and do not require complaints or affidavits from law enforcement.

Further, the Grand Jury of Montgomery County can issue arrest warrants when individuals are indicted.

Each arrest warrant in Montgomery contains the defendant's name, the alleged offense, and the name and signature of the issuing authority.

Montgomery County Arrest Warrant Search

The Montgomery County Sheriff's Warrants Office is responsible for executing arrest warrants issued by the county's district court, circuit court, and grand jury. People can contact the office at (334) 832-2579 or (334) 832-2516 to confirm whether they have active warrants issued for their arrests. They can also visit the Sheriff's online warrants search portal to view published lists of active arrest warrants. Each entry shows a warrant subject's name, date of birth, physical description, and photograph. The system also reveals the warrant number, alleged offense, and issue date.

People can also contact the Montgomery City municipal court and police department to make inquiries about warrants issued by the court.

Do Montgomery County Arrest Warrants Expire?

Warrants issued by Montgomery County courts do not generally expire. They only go away when they are executed, a judge recalls or cancels them, or the subjects turn themselves in or resolve their pending legal issues.