Alabama Arrest Records

In 2022, Alabama recorded 123,399 arrests. Of this figure, 120,205 involved adults, while 3,194 involved juveniles. The counties with the largest number of arrests were Jefferson (15,913), Mobile (8,296), Lee (7,628), Baldwin (7,705), and Houston (6,870).

What Is an Arrest Under Alabama Law?

Title 15, Chapter 10 of the Alabama Code outlines the legal framework for arrest in the state. An arrest is the actual restraint of an individual or their submission to the custody of the individual making the arrest. Arrests in Alabama may be made by law enforcement officers or private citizens under specific conditions, such as when a crime is witnessed, or probable cause exists that a crime is being or has been committed.

Type of Arrests in Alabama

Arrests in Alabama may be made with or without a warrant.

Warrant Arrest

A warrant arrest may occur in two ways: with an arrest warrant or a bench warrant.

An arrest warrant is generally required to make a warrant arrest. It is initiated via an affidavit written by a law enforcement officer stating that there is probable cause to believe that a person has committed or is going to commit a crime. The affidavit is sworn under oath and submitted to a magistrate or judge to be approved and signed. Probable cause means that information or sufficient grounds exist for the police affidavit writing the affidavit to believe that the person named on it has committed or is about to commit a crime.

An arrest warrant typically contains the name of the person to be arrested or if the name is unknown, a name or description by which the person to be arrested may be identified with reasonable certainty. It will state the offense with which the offender is charged and command that the offender be arrested and brought before the issuing judge or magistrate or the nearest or most accessible district judge, circuit judge, or magistrate in the same county if the issuing judge or magistrate is unavailable.

Under Section 15-10-60 of the Alabama Code, a bench warrant is a warrant issued by a judge for the arrest of an individual accused of a crime by a grand jury. A bench warrant is typically issued for arresting a person who has neglected to attend a court hearing, disobeyed a subpoena ordering them to testify in a case, or failed to pay court-ordered child support.

Warrantless Arrest

Under Section 15-10-3 of the Alabama Code, a law enforcement officer is allowed to arrest a person without a warrant in any of the following circumstances:

• If the individual being arrested has committed a public offense or a breach of the peace offense in the presence of the arresting officer
• When a felony has been committed, though not in the presence of the arresting officer
• When the person being arrested has been committed, and the arresting officer has reasonable cause to believe the individual arrested committed the felony
• When the arresting officer has reasonable cause to believe that the individual being arrested has committed a felony, though it may afterward appear that a felony had not been committed
• When a charge has been made, based on reasonable grounds, that the individual being arrested has committed a felony
• When the arresting officer has reasonable grounds to believe that a misdemeanor or felony has been committed by the person being arrested has violated a protection order issued by a court
• When an offense is related to domestic violence and the arrest is premised on probable cause, regardless of whether the offense is a misdemeanor or felony
• When the arresting officer knows that a warrant for the individual's arrest for the commission of a misdemeanor or felony has been issued

What Are Alabama Arrest Records?

An Alabama arrest record refers to an official document created by the justice system of the state or law enforcement agencies in the state containing information about the detainment of an individual by the state authorities. Arrest records only contain information about the arrest and, therefore, do not necessarily prove the guilt of the subjects of the records. They only offer insight into when a person was taken into custody for suspicion of illegal activity. Hence, an arrest record is not the same as a criminal record. A criminal record is generally a comprehensive document containing charges, plea information, conviction, sentencing information, and arrest record information.

Information in an Alabama arrest record generally includes:

• The full name of the subject of the record
• The age, gender, height, weight, eye color, hair color, and race of the arrested individual
• Mugshots of the individual
• The date and place of arrest
• The reason and the arrest
• The arresting agency
• The charges filed against the individual
• Information about the bond set for the arrestee

How Can Arrest Records Be Accessed in Alabama?

Under the Alabama Freedom of Information Act, government agencies are legally required to allow public access to government records. When a person is arrested in the state, information relating to such an arrest is considered a public record and accessible to anyone who makes a proper request.

You may request Alabama arrest records in the following ways:

ALEA Criminal Record Search

You may access arrest records as part of the criminal history records maintained by the state's central repository for criminal records - the Alabama Law Enforcement Agency (ALEA). You may visit the address of the agency (301 S. Ripley Street, Montgomery (Adams Ave side)) to request person to submit a mail request by sending a completed ALEA Application to Review Alabama Criminal History Record Information and a money order or cashier's check made payable to the ALEA, Criminal Records and Identification Unit) to:

Alabama Law Enforcement Agency

Criminal Records and Identification Unit

ATTN: Background Checks

P.O. Box 1511

Montgomery, Alabama 36102-1511

You may also search criminal records online to access arrest records by performing a search on the Alabama Background Check System. The Alabama Background Check system is a premium service requiring an annual subscription fee of $95.00. Each background check conducted via the online resource costs $15.00.

Alabama Courts Search

If an arrest leads to criminal charges being filed against the arrestee, the case will be entered into the Alabama court system. Alabama court records are typically public records, meaning that you may find arrest information for an arrest that led to a court case by visiting the courthouse where the case was filed or searching online via the Alabama Judicial System's online portal. Note that accessing the Alabama court portal typically requires a subscription.

County Sheriff's Offices and Local Police Departments

County sheriff's offices and local police departments keep arrest records for arrests made by their law enforcement officers. These agencies typically provide public access to their arrest records upon request. In some jurisdictions, you may be able to find online resources to request the law enforcement agency that is the custodian of the arrest record sought. If you cannot find an official online resource to make a request, you may visit the address of the law enforcement agency to make an in-person request.

Third-Party Websites

You may be able to find some Alabama arrest records through third-party websites. These websites typically collate public records from various government databases into a single database for the public to search. While some such websites provide free access to basic information, several charge for detailed reports, and the prices vary from one site to another. Also, these third-party websites may not always have current information and expose users' personal information to hackers.

How Long Will an Arrest Report Stay on Your Alabama State Records?

Alabama arrest records typically remain on your Alabama State records indefinitely unless you have such records expunged. Expungement seals an arrest record to the public.

Can You Expunge Your Arrest Records in Alabama?

An arrest record may have far-reaching impacts on the subject of the record in various aspects of life, including education, housing, employment, and personal relationships. However, the state allows individuals arrested or charged with some offenses to expunge their arrest or criminal records. If you have had your arrest record expunged in Alabama, then you have sealed it from public view.

Eligibility for an expungement in Alabama depends on various factors, such as the type of offense, the case's disposition, the offender's age at the time of the offense, and the completion of any mandated sentences or probation. An arrest record related to a non-felony charge, such as a municipal ordinance violation, traffic violation, a violation, or a misdemeanor criminal offense, may qualify for expungement if:

• The charge was no billed by a grand jury
• The charge was dismissed with prejudice
• The defendant was determined not guilty of the charge
• The charge was dismissed without prejudice over two years ago, has not been refiled, and the defendant has not been convicted of another misdemeanor or felony crime, violation, or traffic violation, excluding minor traffic violations, during the previous two years

An arrest related to a non-violent charge may qualify for expungement if:

• The charge brought against the defendant was dismissed without prejudice more than five years ago, was not refiled, and the offender has not been conviction of another misdemeanor or felony crime, a violation, or traffic violation, excluding minor traffic violations, during the past five years
• The charge was dismissed with prejudice 90 days have passed since the date of dismissal with prejudice, or nolle prosequi, no-bill, acquittal, and the charge was not refiled
• The charge was dismissed upon the successful completion of a drug court program, diversion program, veteran's court, mental health court program, or a court-approved deferred prosecution program, and more than 12 months have passed from the successful completion of the program
• The defendant was determined not guilty of the charge
• The charge was no billed by a grand jury

Arrests leading to convictions for violent crimes such as robbery, kidnapping, murder, and domestic violence cannot be expunged. DUI convictions, sex offenses, and offenses involving children are also not allowed to be expunged.

Note that expungement is not automatic even if you qualify for it. It is recommended that you hire an experienced expungement attorney to determine your eligibility for expungement before filing a petition. The expungement petition must be filed in the Alabama circuit court of the jurisdiction where the original charge was filed. However, before filing for expungement, you must obtain a certified copy of your criminal history record from the Alabama Law Enforcement Agency (ALEA) by the instructions stated in the ALEA CJIS Form 46.

You may find the expungement petition form on the ALEA website. Once you have completed the forms, notify the appropriate parties by serving copies of the petition to the law enforcement agency that made the arrest, the district attorney in the jurisdiction where the case was filed, and the Alabama Law Enforcement Agency.

The state affords the concerned parties appropriate time to object to the expungement request. Typically, these parties respond within 45 days of their notification. The circuit court will review your case after the petition and notifications are submitted. The court may require a hearing, especially if objections to your expungement petition exist. During the hearing, you or your attorney will present your case, and the district attorney or law enforcement agency may present objections. The court will consider various elements in determining whether to grant the expungement, including:

• The nature and seriousness of the offense
• The individual's criminal history
• The impact of expungement on the individual's future opportunities
• Whether expunging the record serves the interests of justice

If the court grants the expungement, it will issue an order requiring that your arrest or criminal records be removed from public access. Upon receiving notification of the expungement order, the Alabama Law Enforcement Agency (ALEA) and other relevant agencies, such as local police departments and the district attorney's office, will remove the records in their possession. This process typically includes removing the arrest and charge information from public databases and expunging it from official state records.

Note that the Redeemer Act, signed into law by Governor Kay Ivey in 2021, increased the filing fee for an expungement in Alabama from $300 to $500. The recent legislation also limited the number of expungements that may be obtained to two misdemeanor convictions and one felony conviction.

Once a record is expunged, most employers, landlords, and other background check entities cannot see the record. Consequently, you may legally state that you were not arrested or charged, except in specific situations where you apply for certain government jobs or licenses. However, law enforcement agencies may still access expunged records under limited circumstances, such as criminal investigations.

Is a Citizen's Arrest Legal in Alabama?

Per Section 15-10-7 of the Alabama Code, a citizen's arrest may be made under specific circumstances. A private person may arrest another individual for a public offense:

• Committed in the presence of the arresting citizen
• Where a felony has been committed, though not in the presence of the arresting citizen, by the individual arrest
• Where a felony has been committed, and the arresting citizen has sufficient acceptable grounds to believe that the person arrested committed it

Unless the individual being arrested is caught in the act of committing the crime or is being pursued after committing the offense, Alabama law requires the private citizen making the arrest to inform the person being arrested of the reason for the arrest. State law also permits a private citizen making an arrest force entry into an outer or inner door or window of a dwelling to make an arrest if the individual to be arrested has committed a felony and refuses to allow the citizen making the arrest entry after being notified of the intention to arrest.

Per Alabama Code 1975, § 13A-3-27, a private citizen making an arrest is justified to use physical force upon another person when and to the extent that they reasonably believe is necessary to effect an arrest or prevent the escape from custody of an arrested individual whom they reasonably believe has committed a felony or has indeed committed that felony. Similarly, a private citizen may use deadly physical force only for personal defense from the arrestee's imminent use of deadly physical force.

Note that upon making a citizen arrest, the individual making the arrest must deliver the person arrested without unnecessary delay to a judge, magistrate, or law enforcement officer.

How to Look Up Arrest Warrants in Alabama

Arrest warrants are public records in Alabama and may be searched by anyone in the following ways:

Local Law Enforcement Search

Alabama arrest warrants may be found at local police departments and county sheriff's offices in the state. Since a law enforcement officer initiates an arrest warrant, the law enforcement agency where the officer works maintains a record of warrants originating from their offices and the arrests made by officers working in those law enforcement agencies. You may check online whether the agency where the arrest was filed maintains an online list of databases of arrest warrants. If they do not, you may visit the address of the law enforcement agency to search. For instance, the Mobile County Sheriff's Office, Morgan County Sheriff's Office, Tuscaloosa County Sheriff's Office, and Calhoun County Sheriff's Office allow a public warrant search on their websites.

Local Alabama Courthouses

Arrest warrants are signed and approved by judges or magistrates within the Alabama court system. Since the clerks of these courts are the custodians of court records, they may have information about an arrest record you want. Hence, the first step is to identify the court where the arrest warrant was signed before searching for the warrant.

Alabama Judicial System's On-Demand Public Access to Trial Court Records

The state's judicial system operates an on-demand access resource to trial court records. The portal allows users to find various court records, including warrants, by searching its database with a case number or the name of the record's subject. Note that it costs about $10 to search the database.

Third-Party Resources

Some third-party online resources generally allow users to search for arrest warrants across the United States. These resources aggregate data from various sources into a single database for a robust repository. However, they typically charge a fee to search, and their data may not be current.

Hiring an Experienced Attorney

If you are worried that an arrest warrant may have been issued in your name, you may consider hiring an experienced attorney to look through official databases and sources to verify if the warrant exists. The attorney may help you find a lasting legal solution if one is found.