Search Alabama Arrest Records Online

What is Considered an Arrest in Alabama?
Are Arrest Records Public in Alabama?
What are the Types of Arrest Records in Alabama?
How Long Do Arrests Stay on the Record in Alabama?
How To Seal or Expunge an Arrest Record in Alabama?

What is Considered an Arrest in Alabama?

An arrest in Alabama generally involves duly authorized officers taking a person into custody to answer for a crime. These arrests are typically carried out in line with legal principles and protections that protect individuals against unreasonable searches and seizures, as outlined by federal and state laws. Title 15, Chapter 10 of the Alabama Code, in particular, stipulates the individuals authorized to make arrests in the state and outlines the procedural requirements for these actions. General key aspects of the Alabama arrest process are highlighted below:

Custody and Control: when a person is arrested in Alabama, they are typically taken into custody and placed under the control of law enforcement officials, meaning their freedom to leave is restricted, and their actions are supervised to prevent them from escaping or causing harm (to others or themselves).
Legal Authority: law enforcement officers in Alabama are generally empowered to make arrests under Title 15, Chapter 10 of the Alabama Code. Per this law, officers can make an arrest on any day and at any time, may break into the individual's home to carry out the arrest, and may also arrest a person without a warrant under certain circumstances (such as when a crime occurs in their presence).
Miranda Rights: law enforcement officers are generally required by federal law to read out an arrestee's Miranda Rights before interrogating them. These rights are a set of warnings designed to protect the arrestee's Fifth and Sixth Amendment right against self-incrimination and right to proper legal representation, respectively, by informing the individual that:
- They have the right to remain silent
- Anything said can be used against them in court
- They have the right to an attorney, either of their choosing or one appointed to them if they cannot afford one of their choosing.
Restraint and Transport: Alabama Code Section 13A-3-27 typically permits law enforcement officers to use reasonable force if necessary to restrain an individual during an arrest; restraint and reasonable force are also allowed to prevent the arrestee from escaping or harming others. Once suitably restrained, the person must be safely transported to a detention facility for processing.
Booking Process: booking generally begins once the arrestee is safely transported to the detention facility (usually a police station or county jail). This process typically involves recording the individual's details, taking mugshots, and fingerprints - per Alabama Code Section 15-10-90, copies of these fingerprints are sent to the FBI and the Alabama Law Enforcement Agency. The offense(s) for which the person was arrested are also listed, and their personal belongings are confiscated and documented. Once booked, the individual typically remains in a holding cell while awaiting arraignment or release on bail.

Examples of actions that typically lead to an arrest in Alabama include:

Domestic violence
Crimes like assault and battery
Being caught committing offenses like theft and trespassing
Driving under the influence of alcohol or other substances
Engaging in reckless driving
Failing to appear in court when summoned
Violating a court order
Disturbing the peace through public fighting, intoxication, and other similar actions

It should be noted that arrests differ from detentions/detainment. A person is said to be detained when they are temporarily stopped and/or held by a law enforcement officer investigating potential criminal activity; however, the person is not taken into custody unless probable cause is established. Detainments are covered under Alabama Code Sections 15-5-30 to 15-5-31, which generally permit law enforcement to stop and question any person in a public place if there is reasonable suspicion that the person is involved in criminal activity. During this time, the officer may ask questions and search the person for weapons. If the officer finds probable cause (such as a dangerous weapon or evidence of a crime), they may proceed with an arrest, but if no probable cause is established, the person must be released.

What is Unlawful Arrest in Alabama?

In Alabama, an unlawful arrest (also known as a false or wrongful arrest) generally occurs when law enforcement takes an individual into custody without proper legal authority, justification, or adherence to stipulated procedures. Key characteristics and aspects of unlawful arrests in the state typically include:

Lack of Probable Cause: probable cause is a key requirement for making a lawful arrest in Alabama (and most other states). Probable cause is generally a legal standard ensuring a person may only be arrested if there is sufficient evidence or information to reasonably believe that they have committed, are committing, or are about to commit a crime. To this end, officers typically must establish clear grounds for an arrest, and failure to do so can invalidate the arrest.
Violation of Constitutional Rights: an arrest is deemed unlawful if it infringes on a person's constitutional rights, such as the Fourth Amendment right against unreasonable searches and seizures. Arrests based on racial profiling or other forms of discrimination (which infringe the Fourteenth Amendment right to equal protection under the law) also fall under this category.
Procedural Violations: wrongful arrest claims may result from procedural violations by the arresting officer, typically like failing to read Miranda Rights to the arrestee before interrogation, denying them the right to legal counsel, or using excessive force to restrain them during the arrest.
Arrest Without a Warrant: while warrantless arrests are generally permitted in Alabama, these types of arrests may only be carried out under specific circumstances, as outlined in Alabama Code Section 15-10-3. Examples of situations where a law enforcement officer may make a warrantless arrest include when a crime occurs in their presence or when there is probable cause to believe the individual has committed specific offenses like domestic violence or felonies, even if the crime was not witnessed directly. Warrantless arrests made outside these conditions may be deemed unlawful.
Arrest Outside Jurisdiction: In Alabama, law enforcement officers are generally confined to their designated jurisdictions when making arrests. However, Alabama Code Sections 15-10-10 to 15-10-11 make an exception for officers with a valid warrant to "pursue" the individual named on the warrant if they flee and arrest them in whatever location they may be (within the state), with the assistance of a local law enforcement officer. Nevertheless, if an officer arrests someone outside their jurisdiction without legal justification, the arrest may be deemed unlawful.
Mistaken Identity: arresting the wrong individual, whether due to negligence or a failure to confirm the person's identity, generally constitutes a wrongful arrest in Alabama.

Individuals who are unlawfully arrested in Alabama may seek compensation for violations of their constitutional rights under state law as well as federal statutes like U.S. Code Title 42, Section 1983. Other consequences of unlawful arrests in Alabama typically include the dismissal of the charges brought against the individuals or the exclusion of any evidence obtained as a result of the arrest. The officers involved may also face disciplinary actions, including suspension, demotion, or termination; in situations where the unlawful arrest was intentional and done maliciously, they may also face unlawful imprisonment charges under Alabama Code Sections 13A-6-41 to 13A-6-42.

Are Arrest Records Public in Alabama?

In Alabama, arrest records are considered public records, and they can be generally accessed by members of the public under Alabama Code Section 36-12-40. Nonetheless, there are specific instances where these arrest records (or parts of them) may be restricted or confidential.

Publicly accessible portions of arrest records in Alabama typically include details such as the arrestee's personal information (like their name, date of birth, gender, and race), the arresting agency, the charges filed, the date and location of the arrest, and the case number. Mugshots are also generally part of the public record and may be viewed by the public (although access to these images may vary slightly depending on the specific circumstances surrounding the case).

On the other hand, arrest records related to juveniles and expunged records are deemed confidential and restricted from public view. Information about ongoing or active criminal investigations, details of confidential informants and victims involved in certain crimes (particularly domestic violence and child abuse-related cases), and other similar sensitive information are also generally exempt from public access.

What are the Types of Arrest Records in Alabama?

In Alabama, various agencies generally create and manage arrest records at both the county and state levels. At the county level, local law enforcement agencies, such as county sheriff's offices and city police departments, are typically responsible for generating and maintaining records of arrests made within their respective jurisdictions. At the state level, the Alabama Law Enforcement Agency (ALEA) manages broader criminal history information, which includes statewide arrest records, as well as information like the charges filed against the arrestee and the legal dispositions resulting from the case.

Where are Arrest Records Kept in Alabama?

In Alabama, various local, state, and federal agencies generally maintain copies of arrest records and arrest-related information. These typically include:

Local Police Departments and Sheriff's Offices: local law enforcement agencies in Alabama create and manage arrest records for their respective jurisdictions. These records typically include the arrestee's personal information and details on the offense(s) that led to the arrest.
The Alabama Law Enforcement Agency (ALEA): The ALEA is the state's central repository for criminal history information (which includes arrest records) and typically provides access to this information through its Criminal Records Identification Unit.
Alabama Courts: the Alabama Unified Judicial System (one of the oldest in the country) maintains records of criminal cases filed within its court system. These records typically include details on the offense that resulted in the arrest, the charges filed (as a result of this arrest), and the final disposition of the case.
Correctional Facilities: the Alabama Department of Corrections maintains records for individuals convicted and sentenced to state prison as a result of their arrest. These records typically include the offender's name, date of birth, mugshot, physical description, the offense(s) they were convicted of, sentencing details, incarceration location, and projected release date. Likewise, the Federal Bureau of Prisons generally keeps similar records for individuals incarcerated in federal correctional facilities in Alabama.
Federal Agencies: federal agencies like the FBI maintain copies of records of arrests that they make within Alabama - these arrests typically pertain to cases involving federal laws or national security matters.

How To Find Public Arrest Records in Alabama?

Interested parties looking to access copies of public arrest records in Alabama may do so in several ways. These typically include:

Contacting Local Law Enforcement: most arrests in Alabama occur at the municipal level and are handled by city police departments and county sheriff's offices. These agencies are usually the first point of contact for individuals searching for public arrest records in the state. To this end, some local law enforcement agencies offer online portals that allow users to search for recent arrests (within their jurisdictions); these agencies also provide options for obtaining physical copies of these records. However, keep in mind that local law enforcement agencies only maintain records of arrests made within their jurisdiction, so contacting the specific agency responsible for the arrest is essential. Fees may also apply.
Performing a Criminal History Check via the ALEA: the Alabama Law Enforcement Agency (ALEA) generally maintains information on all arrests made across the state and is a central repository for the state's criminal history information. To this end, interested parties may access public Alabama arrest records by completing and submitting an Application to Review Alabama Criminal History Record Information form to the agency's Criminal Records Identification Unit. The completed form must be submitted along with a valid ID and a classifiable copy of fingerprints (taken by an authorized law enforcement agency). There is a $25 fee for requesting criminal history information from the ALEA, and requests are typically processed within four to five weeks. Queries may also be directed to the agency at (334) 353-4340 or 1-866-740-4762.
Contacting Alabama Courts: interested parties may access copies of records for court cases resulting from an arrest by contacting the court where the case was filed. These court records typically contain information on the offense, details on the defendant, and the case's outcome. The Alabama Unified Judicial System also provides access to an online platform that may be used to perform name-based and case number-based searches for some of these records. Be aware that the payment of a fee may be required to obtain criminal court records.
Utilizing a Third-Party Website: several third-party websites, including RecordsFinder, generally allow users to search for public Alabama arrest records. These third-party websites are a convenient option for individuals unable to utilize other methods to search for these records and may be used to perform name and location-based searches for the required records. Keep in mind that these platforms are usually not government-affiliated, and the completeness or accuracy of the information available may vary.

How Long Do Arrests Stay on the Record in Alabama?

In Alabama, arrests generally remain on an individual's criminal history indefinitely; however, certain arrest and conviction records may be expunged after a specified waiting period. Note that Alabama law does not provide an automatic process for this, and individuals who wish to expunge their records must proactively do so.

How To Seal or Expunge an Arrest Record in Alabama?

Expungement in Alabama is a process that legally removes a criminal record from public view; when a record is expunged in the state, it is 'sealed" and becomes inaccessible to the general public. While this expungement doesn't erase the fact that the arrest or conviction occurred, the individual typically does not have to disclose the record for employment, credit, and other similar applications.

Alabama Code Title 15, Chapter 27 provides the legal framework for expunging criminal records in the state. The law generally stipulates mandatory waiting periods and the requirements to be met before the expungement process may be initiated for eligible offenses (note that sexual offenses, offenses involving children, and violent offenses as outlined in Alabama Code 12-25-32 are typically ineligible for expungement):

Non-convictions: individuals who were arrested and charged with a misdemeanor, traffic violation, municipal ordinance violation, or non-violent felony but did not get convicted may expunge their record if:
- At least 90 days have passed since the charge was dismissed with prejudice, the charge was "no billed" by a grand jury, a not guilty verdict was returned, or the charge was "nolle prossed" (dropped without conditions) and it was not refiled.
- The indictment was quashed and the statute of limitations has expired, or the prosecution confirms it will not refile the charge.
- At least one year has passed since the individual completed a court-approved program.
- At least one year has passed since the charge was dismissed without prejudice, the charge has not been refiled, and the individual has not been convicted of any other crimes, excluding minor traffic violations, within the previous two years. For felonies, the timeline is extended to five years after the charge was dismissed without prejudice, and the person must have been crime-free for the past five years.
- The person was a victim of human trafficking, committed the offense during the period they were being trafficked and has proven this to the court.
Misdemeanor, Traffic, and Municipal Ordinance Convictions: individuals who were convicted of a misdemeanor, traffic violation, or municipal ordinance violation may have their record expunged if:
- They have completed all probation and parole requirements (including fines and restitution).
- At least three years have passed since the conviction.
- They were not operating a commercial vehicle or holding a commercial driver's license at the time of the offense (for certain traffic violations).
- The conviction is not for a violent crime, sex offense, offense involving moral turpitude, or serious traffic offense.
Felony Convictions: individuals who wish to expunge a felony conviction must meet the following conditions:
- They have received a Certificate of Pardon with Restoration of Civil and Political Rights for the conviction from the state's Board of Pardons and Paroles.
- All civil and political rights forfeited due to the conviction have been restored.
- At least 180 days have passed since receiving the certificate of pardon.
- The conviction is not for a violent offense, sex offense, serious traffic offense, or an offense involving moral turpitude.
- They were not holding a commercial driver's license or operating a commercial motor vehicle at the time of the offense (for certain traffic-related offenses).

Individuals who meet the requirements may file a petition to expunge their record with the relevant court (appropriate forms may be obtained from the court), along with a certified copy of their criminal history record from the ALEA and any other required documentation. They generally must also notify relevant law enforcement agencies and the district attorney's office, who will be allowed to object to the expungement. Depending on the situation, the court may hold a hearing to determine whether the expungement should be granted or denied. Note that, under Alabama Code Section 15-27-2.1, an individual may be granted expungement for only one felony conviction and two misdemeanor, traffic, or municipal ordinance violation convictions during their lifetime.

Once an expungement is granted, the arrest record is removed from public databases and generally cannot be accessed by the public or potential employers. However, certain authorized parties may still access these records for criminal investigation and background check purposes. These typically include law enforcement agencies, prosecutorial authorities, specific licensing boards, and judicial officers.