Alabama Arrest Records
Alabama Arrest Records refer to official documents created by law enforcement agencies that provide information about individuals detained and questioned due to possible criminal offenses. These records are often used in background checks and document the circumstances surrounding an individual's arrest.
While arrest records are crucial to Alabama's criminal records, they don't necessarily prove an individual's guilt. Instead, they offer insight into when law enforcement took someone into custody on suspicion of illegal activity. This information can help prosecute an accused individual.
Arrest records in Alabama typically include the following information:
- The name, age, gender, and race of the arrested individual
- Set of fingerprints
- Mugshot
- The date and time of the arrest
- The location where the arrest took place
- The reason for the arrest
- The charges filed against the individual
- The arresting agency and the name of the arresting officer
- Information about any bail or bond set for the individual
- Details about any court appearances or legal proceedings related to the arrest
It is worth noting that the details included in an Alabama Arrest Record may vary depending on the arresting agency and the arrest circumstances.
In Alabama, arrest records are generally public, which means they are available for public inspection and copying, subject to certain restrictions.
Under the Alabama Open Records Law, arrest records are generally presumed open to the public. However, this rule has some exceptions, such as when the documents are part of an ongoing investigation, involve confidential informants, or are sealed or expunged by a court order.
What Laws Govern Arrests in Alabama?
The Alabama Rules of Criminal Procedure provide guidelines on the arrest and initial appearance of a person suspected of committing a crime. Rule 4 states the circumstances where law enforcement officers or private individuals can arrest without a warrant.
Rule 4.1 allows law enforcement officers to execute warrantless arrests of a person if they have probable grounds to believe that the person committed a felony. The officer can also arrest someone if they witness a less severe crime.
If a private person wants to make an arrest, they can only do so if a felony has been committed and they have reasonable grounds to believe that the subject committed it. In addition, if the person committed a non-felony crime in the presence of the arresting person, they can make an arrest.
If a private person makes an arrest, they must deliver the arrestee without unnecessary delay to a magistrate, judge, or law enforcement officer. If the arrestee is taken to a law enforcement officer, the officer must proceed as Rule 4.3(a) provides.
When a public offense occurs in the presence of a judge or magistrate, they have the authority to order the apprehension of any individual. After arresting the defendant, the judge or magistrate can proceed as though the accused had been brought before them on an arrest warrant.
The authorities and the private person must tell the arrestee the reason for the arrest unless the arrest occurs during the offense commission or immediately after.
Overall, the Alabama Rules of Criminal Procedure aim to ensure that law enforcement officers make arrests justly and legally and protect the rights of the accused throughout the legal process.
What Is the Arrest Booking Process in Alabama?
The arrest booking process is the procedure through which law enforcement officials process and document the arrest of an individual. This process is a vital aspect of the criminal justice system in Alabama and serves as the official record of an individual's arrest.
Here's the arrest booking process in Alabama:
Initial Steps of the Arrest Booking Process
The arrest booking process begins when a law enforcement officer arrests an individual for a suspected crime. The officer then transports the individual to a detention facility or a police station for processing.
The initial steps of the booking process involve collecting personal and biographical information from the arrested individual, such as their name, birth date, address, and social security number.
Fingerprinting and Photographing
After collecting personal information, the arrested individual undergoes fingerprinting and photographing.
An electronic fingerprint scanner captures and records the individual's fingerprints in a national database during the fingerprinting process. This process helps to identify the individual and determine if they have a criminal record.
On the other hand, law enforcement officials photograph the individual's physical appearance during their arrest.
Health Screening and Medical Examination
The arrested individual is then subjected to a health screening and medical examination to ensure they are physically and mentally fit for detention.
The screening involves a review of the individual's medical history, including any medications they are taking or medical conditions they have.
The medical examination includes a physical exam to identify any injuries or health issues that require immediate attention.
Search and Seizure
During the booking process, law enforcement officers may search the individual and their belongings for weapons, drugs, or other illegal items. Any contraband found on the individual or their belongings is seized and documented as evidence.
The Jail Intake Process
After the initial booking process, law enforcement officials process the arrested individual into the jail system.
The process involves assigning the individual to a specific cell or holding area based on their gender, age, and the nature of the charges against them. Law enforcement officials provide individuals with a personal property bag to store their belongings until their release.
The booking process plays a critical role in the Alabama criminal justice system. It helps law enforcement officials maintain accurate Alabama Arrest Records and provides a basis for charging and prosecuting individuals accused of crimes.
What Happens After the Arrest Booking Process in Alabama?
In Alabama, after the arrest booking process, the arrested person will typically appear before a judge for an initial hearing, usually held within 48 hours of the arrest. At the initial hearing, the court will tell the defendant their accusations and rights, including the right to counsel.
The judge appoints a public defender if the defendant cannot afford an attorney. The judge will also set bail or bond, which is an amount of money that the defendant must pay to be released from jail while awaiting trial.
If the defendant cannot post bail or bond, they will remain in jail until their trial, which may be several months away. If the defendant can post bail or bond, they will be released. Still, they must comply with certain conditions, such as staying within the state, checking in with a probation officer, or refraining from certain activities.
After the initial hearing, the case will proceed to the pre-trial phase. If possible, the defendant's attorney and the prosecution will exchange evidence and negotiate a plea bargain. If a plea bargain cannot be made, the matter will go to trial, where the prosecution will try to establish the defendant's guilt, and the defense will try to deny or propose an alternate elucidation.
The judge will sentence the defendant if found guilty, which may include jail time, fines, probation, or other penalties. The court will release the defendant from custody if the defendant is not guilty.
What Are Alabama Mugshot Records?
Often part of the Alabama Arrest Records, mugshot records are official photographs taken by law enforcement agencies during an individual arrest and booking into jail or detention centers.
The mugshot record comprises the individual's full name, date of birth, physical description, and details of the alleged crime for which they have been arrested. Law enforcement agencies take a photograph from the front and side view, usually accompanying it with fingerprints and other identification information.
Law enforcement agencies primarily use Alabama Mugshot Records to identify suspects and keep track of individuals arrested. These records are a crucial tool in the criminal justice system, allowing law enforcement officials to identify suspects and track their criminal histories quickly.
They are also commonly used by the media, employers, and other interested parties to gather information about an individual's criminal history.
Note that an arrest does not necessarily indicate guilt or a criminal conviction. In some cases, charges may be dropped, or the individual may be found not guilty. Nonetheless, the mugshot record remains public, and anyone can access it for a legitimate reason.
According to Alabama Code section 36-22-8, each state sheriff must keep a book listing every inmate in the county jail, and it must be accessible for inspection during business hours. It means anyone can visit their local Sheriff's Office and request to see the book, which may contain mugshots of inmates.
Additionally, many law enforcement organizations in Alabama make mugshots available online.
For example, the Birmingham Police Department provides a tool called the Birmingham Jail Search, which allows anyone to search for an inmate and access vital details such as their complete name, housing facility, custody status, release date, birth date, and more. The tool also provides a front and side profile mugshot of the offender.
How Long Does an Arrest Record Stay in Alabama?
The Code of Alabama does not explicitly define the length of time an arrest record stays on file in Alabama.
The municipal, state, and federal government agencies and the U.S. Department of Justice often maintain a person's arrest history on their record for a long time and, in some cases, permanently.
To clear an arrest from their record, a person must seal or expunge it. Sealing an arrest record limits accessibility, while expunging removes the arrest from the person's record.
How To Expunge an Arrest Record in Alabama
Individuals may expunge their Alabama Arrest Records if they meet specific eligibility criteria.
Generally, a person may seek to expunge an arrest record if not convicted of the offense or if the conviction was later overturned and more than 90 days have passed.
Not all arrests are eligible for expungement in Alabama. Under the 2021 Record Expungement Designed to Enhance Employment and Eliminate Recidivism (REDEEMER) Act, only non-violent misdemeanors, violations, and pardoned felonies are eligible.
Alabama expungement is impossible for violent and sexual offenses, serious traffic offenses, and crimes of moral turpitude.
For eligible misdemeanors and violations, a person can apply for expungement three years after completing all probation or parole requirements, paying all fines, costs, restitution, and other court-ordered amounts. Some felonies may be eligible for expungement 180 days after receiving a pardon from the Alabama Board of Pardons and Paroles (ABPP).
To delete an arrest record in Alabama, the individual must file a petition with the court that has jurisdiction over the case. The petition must include specific information, such as the name of the petitioner, the offense that resulted in the arrest, and the arrest date.
The petitioner must also provide a copy of their criminal record from the Alabama Law Enforcement Agency (ALEA) and a certified copy of the arrest record they seek to erase. Additionally, they must provide documentation showing that they have completed all of the requirements of their sentence, including probation, fines, and community service.
The court will expunge the petitioner's arrest record if it grants the petition. It will remove the record from all government databases and make it publicly inaccessible. However, some government agencies and law enforcement officials may still have access to the expunged record in certain circumstances.
How To Search Alabama Arrest Records
When searching for Alabama Arrest Records, the Sheriff's Office or the local law enforcement agency responsible for the arrest is often the most reliable starting point. Contact the Sheriff's Office or the local enforcement agency where the arrest occurred to search for the records.
One can find the contact information for the Sheriff's Office through the Sheriffs Directory of the Alabama Sheriffs Association. The person seeking the arrest record must supply the subject's complete name and birth date.
Another option is to use the "ON-DEMAND Access To Alabama State Trial Court Records" portal of the Alabama Judicial System. In this online database, users can access various state court records, including criminal records that may contain arrest information, by searching through case numbers or names.
Alternatively, individuals can visit the local county courthouse where the arrest occurred. Most county courthouses have public records departments that allow individuals to access arrest records.
Lastly, interested parties can obtain these records by requesting Alabama Criminal Records through the Background Check System of the ALEA. In this system, individuals must complete the "Application to Review Alabama Criminal History Record Information" form to obtain an Alabama Criminal Record.
Once the application is complete, the required administrative fee must be paid using a cashier's check or money order made payable to the ALEA Criminal Records Identification Unit (CRIU). Then, the requester must mail the completed application and fee to the CRIU mailing address provided in the form.
Note that fees such as searching, service, copying, certification, and authentication may apply when requesting access or copies of an arrest record in Alabama
Counties in Alabama
- Autauga
- Baldwin
- Barbour
- Bibb
- Blount
- Bullock
- Butler
- Calhoun
- Chambers
- Cherokee
- Chilton
- Choctaw
- Clarke
- Clay
- Cleburne
- Coffee
- Colbert
- Conecuh
- Coosa
- Covington
- Crenshaw
- Cullman
- Dale
- Dallas
- De Kalb
- Elmore
- Escambia
- Etowah
- Fayette
- Franklin
- Geneva
- Greene
- Hale
- Henry
- Houston
- Jackson
- Jefferson
- Lamar
- Lauderdale
- Lawrence
- Lee
- Limestone
- Lowndes
- Macon
- Madison
- Marengo
- Marion
- Marshall
- Mobile
- Monroe
- Montgomery
- Morgan
- Perry
- Pickens
- Pike
- Randolph
- Russell
- Saint Clair
- Shelby
- Sumter
- Talladega
- Tallapoosa
- Tuscaloosa
- Walker
- Washington
- Wilcox
- Winston