Alabama Court Records
The state of Alabama maintains a comprehensive and detailed record of all court proceedings conducted within its jurisdiction. Alabama Court Records are a valuable resource that provides information on legal proceedings, including criminal cases and civil cases, which can be accessed by legal practitioners, historians, and members of the general public.
In Alabama, court records are generally considered public records and are therefore accessible to the public.
The primary law that makes these court records publicly accessible is the Alabama Open Records Law. This law states that all records, including court records, created or received by state and local government agencies are public records and must be made available to the public upon request, subject to certain exemptions and limitations.
Some restrictions and exemptions for accessing state court records include sealed records (e.g., adoptions, juvenile court proceedings) and documents that contain personal information, such as social security numbers and medical records.
Furthermore, court records in Alabama may also have restrictions if it relates to ongoing investigations and contain information that could compromise national security.
Another important law that governs the accessibility of court records is the Alabama Rules of Judicial Administration. These rules establish procedures for accessing court records, including the available types, the procedures for requesting documents, and any fees or charges associated with accessing records.
Overall, while there may be some limitations and restrictions on accessing certain types of court records, the general principle in Alabama is that they are publicly accessible and available to anyone who requests them.
Which Alabama Courts Maintain Publicly Accessible Records?
To effectively locate court records in Alabama, it is crucial to have a comprehensive understanding of how the state court system operates. By acquainting oneself with the various courts in the state, it becomes easier to determine which court holds jurisdiction over a particular case and where to search for relevant court records.
In Alabama, the trial court system houses most of the publicly accessible records in the state. This system comprises several courts, including the district, circuit, probate, and municipal courts. Familiarizing oneself with these courts can aid in identifying the appropriate court and location for the desired records.
Alabama Circuit Courts
Circuit Courts in Alabama have authority over a broad range of legal cases that other courts cannot handle. When no other court has jurisdiction over a matter, the Circuit Court will hear it.
Circuit Courts hear criminal cases involving felonies, misdemeanors, and other minor offenses. They share jurisdiction with the District Courts for guilty pleas in non-death penalty criminal cases.
In civil cases, Alabama Circuit Courts have original authority in disputes amounting to more than $10,000. In addition, they share jurisdiction with District Courts in most civil matters between $6,000 and $10,000.
When a District Court lacks jurisdiction, Alabama Circuit Courts may consider claims under $6,000, including equitable relief and municipal negligence proceedings.
These tribunals may also hear cases involving the following:
- Domestic relations
- Child support
- Child custody
- Paternity
Circuit and District Courts with discrete dockets for Juvenile Court cases can hear juvenile cases in Alabama. Juvenile Court is a Family Court in some counties, and it may also hear child support, child custody, and paternity cases.
Lastly, upon appropriate request, Circuit Courts may receive certain cases from Probate Courts, including estate administration and involuntary commitment matters.
Alabama District Courts
Alabama district courts have limited authority over specific criminal and civil cases. They typically handle less severe criminal cases like preliminary felony hearings, ordinance violations, misdemeanors, and guilty pleas in non-death penalty felonies.
These courts can handle general civil cases involving less than $10,000. In addition, they exclusively hear Small Claims cases under $6,000.
However, District Courts cannot handle certain types of issues, including actions for negligence against municipalities and certain types of equitable relief like declaratory judgments.
Even if the amount in issue is less than $6,000, Circuit Courts are the proper location for cases that exceed the jurisdictional limits of District Courts.
Lastly, District Courts may accept Probate Court proceedings like adoption if requested and approved.
Alabama Probate Courts
Alabama Probate Courts are responsible for handling a wide range of legal matters, including but not limited to the following:
- Estates
- Wills
- Guardianships
- Conservatorships
- Mental health commitments
- Name changes
- Adoptions
Probate Courts may transfer some instances to Circuit or District Courts if they receive and approve a proper request.
While the Probate Court has original jurisdiction over name changes, such cases may also be part of an adoption, divorce, or similar cases. Therefore, some name change records may exist in other courts.
Alabama Municipal Courts
Alabama Municipal Courts have authority over municipal ordinance violations, traffic violations, and misdemeanor criminal offenses within their respective jurisdictions. However, criminal acts that violate both state and municipal laws are under the shared jurisdiction of Municipal and District Courts.
Ordinarily, District Courts exclusively deal with ordinance violations that fall outside the territorial jurisdiction of any Municipal Court.
In addition to the trial courts, the appellate court system, which includes the Court of Criminal Appeals, the Court of Civil Appeals, and the Supreme Court, also handles some Alabama Court Records.
What are the Common Public Court Records in Alabama?
In Alabama, the public can access a wide range of court records, and the most frequently available court records in Alabama are listed below:
Alabama Civil and Small Claims Records
The Alabama Civil Records and Small Claims Records from courts differ in several ways.
The Alabama Civil Records cover civil cases that exceed the monetary limit of Small Claims Courts in Alabama, which is $6,000. Small Claims Court Records, on the other hand, cover cases where the amount in dispute is $6,000 or less.
The Alabama Civil Records are in the Civil Courts of either District Courts or Circuit Courts, depending on the amount in dispute. In Alabama, Civil Courts in District Courts have jurisdiction over civil cases where the disputed amounts range between $6,000 and $10,000, while Circuit Courts handle cases over $10,000.
Meanwhile, Alabama Small Claims Records are in the Small Claims Courts of the District Court.
The procedures in Small Claims Courts are typically less formal than those in Civil Courts. In Small Claims Courts, parties can represent themselves, and the rules of evidence are less strict than in Civil Courts.
Furthermore, cases in Civil Court can take longer to resolve and be more expensive than cases in Small Claims Court due to the formalities and procedures involved.
To obtain Alabama Civil Court Records or Alabama Small Claims Court Records, the requester must contact the appropriate court, provide identifying information about the case, and pay any associated fees. Depending on the court's policies, the requester may also need to visit the courthouse in person or send a written request by mail.
What Information Do Alabama Civil and Small Claims Records Contain?
The documents and information in Alabama Civil and Small Claims Records may vary, as the proceedings in Small Claims Court are typically less formal than in Civil Courts.
Nonetheless, both contain information related to legal disputes in Alabama, including:
- Case number
- The names of the plaintiff(s) and defendant(s) involved in the case
- A timeline of all court proceedings, including motions, orders, and judgments
- Important dates related to the case, such as the case filing, the date of hearings and trials, and the date of the final judgment
- The court that heard the case, the judge who presided over the case, and any other relevant information related to the court
- Copies of legal documents such as pleadings, motions, and orders
- Case disposition, including any judgments, settlements, or dismissals
Alabama Criminal Records
One of the prevalent Alabama Court Records is criminal records. Alabama Criminal Records are official documents containing information about individuals who have been charged, convicted, or sentenced for criminal offenses.
Aside from the state courts, the Alabama Law Enforcement Agency (ALEA), county sheriff's offices, and local police departments maintain these records.
One common use of these records is for background checks, which employers, landlords, and others conduct to assess the criminal history of individuals before hiring, renting, or entering into business relationships with them.
By providing access to criminal records, employers can make informed decisions that protect their businesses, employees, and customers from potential harm.
A criminal record in Alabama typically includes the following information:
- Personal information, such as the full name, date of birth, aliases, gender, and race
- Fingerprints and photographs
- Details of any arrests, including date, time, location, and reason for the arrest
- A list of charges brought against the individual, along with the date and jurisdiction of each charge
- Details of court proceedings, including dates, times, and locations of hearings, as well as the name of the judge and attorneys involved
- Information about the sentence imposed, including the length of incarceration, probation or parole, fines, and restitution
- Information on how the case was resolved, including a summary of the outcome, such as acquittal, conviction, or dismissal
The best way to obtain Alabama Criminal Records is through the Alabama Background Check System of the ALEA.
In this system, individuals must complete the "Application to Review Alabama Criminal History Record Information" form and pay the required administrative fee 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.
Alabama Traffic Records
Alabama Traffic Records refer to any official documents or information related to the operation of motor vehicles in the state. These records may include details about traffic violations, fines and sentences, accidents, driver's licenses, license status, outstanding or issued traffic tickets, and vehicle registrations.
The state courts, the Driver License Department of the ALEA, and the Department of Revenue's Division of Motor Vehicles (DMV) are responsible for producing and preserving these records.
Traffic records are public information in Alabama, and citizens can ask to see them under the Alabama Open Records Law. But some information in the records is not accessible, such as a driver's private information like their address, phone number, and social security number. The Driver's Privacy Protection Act protects this information.
To access public Alabama Traffic Records, interested parties can use ALEA's Driver History Record Search after registering on the website. Note that personal driving records are not available through this portal.
Individuals requesting personal driving records can follow the instructions on the relevant form found on this page, visit an Alabama Reinstatement Office, or contact the Driver License Records Unit at 334-676-7395.
Alabama Probate Records
Alabama Probate Records are legal documents created after an individual's death that detail the distribution of their assets and liabilities. These records are accessible to the public and can provide information about the deceased person's estate, their heirs, and the local community where they lived.
The information found on probate records in Alabama can vary depending on the type of record and the specific circumstances of the deceased person's estate. However, some common types of information that these records have include:
- The dead person's name, date of death, and place of residence
- The names and relationships of the decedent's heirs, beneficiaries, and creditors
- A detailed inventory of the deceased person's assets and liabilities
- Any wills or other legal documents related to the distribution of the dead person's estate
- Guardianship and adoption records, which may provide information about minor children or other dependents of the deceased person
- Letters of administration, which appoint an executor or administrator to manage the deceased person's estate
- Appraisals and valuations of the deceased person's property
- Any disputes or legal actions related to the dead person's estate
The Probate Court typically maintains Alabama Probate Records in the county where the deceased person resided at the time of death. Therefore, the first place to start looking for these records would be at the Probate Court in the relevant county.
Some Probate Courts in the counties have online tools that allow anyone to search for probate records by providing relevant information such as name or case number. Such example is the Montgomery County Probate Office.
In addition to the court, researchers can find Alabama Probate Records at local libraries, historical societies, and archives. These institutions may have microfilm copies of probate records or other resources to help researchers access and interpret these documents.
Alabama Family Records
Alabama Family Records are critical legal documents that provide information on family law cases heard in the state's Family Courts.
Family records in Alabama courts play a crucial role in documenting legal proceedings related to family law. These records contain information on divorce, child custody, child support, alimony, adoption, and other family law matters. They provide insight into the legal process and help individuals understand their rights and obligations.
Family court records contain a wide range of information related to family law cases. These records typically include the following:
- Case information, including the case number, filing date, and court location
- Party information, including the names of the parties involved in the case
- Case history, including court orders, motions, and pleadings
- Financial information, including income, expenses, and assets
- Custody and visitation schedules
- Child support and alimony orders
It is important to note that certain information in family court records may be redacted or sealed to protect sensitive or confidential information.
To obtain Alabama Family Records, determine the county where the case was filed. Family court records are typically maintained at the county level, so it is crucial to identify the correct county before proceeding with the request. One can contact the Alabama Administrative Office of Courts for assistance doing this.
Once the county has been identified, researchers can contact the court clerk to request the records. It is essential to provide as much information as possible about the case, including the party's names, the case number, and the filing date.
Some courts may require a written request form or other documentation and be ready to provide identification, such as a driver's license or passport.
Alabama Bankruptcy Records
While trial courts maintain most Alabama Court Records, bankruptcy records are managed explicitly by the following federal courts:
- U.S. Bankruptcy Court Northern District of Alabama
- U.S. Bankruptcy Court Middle District of Alabama
- U.S. Bankruptcy Court Southern District of Alabama
These special courts have jurisdiction over all bankruptcy filings in the state and work to provide relief to those struggling with accumulated debt or a poor financial situation.
In Alabama, bankruptcy is a debt relief option available to insolvent individuals, businesses, and municipalities under federal laws and regulations. Various bankruptcy options are available under the U.S. Bankruptcy Code, but interested parties must meet specific eligibility criteria and fulfill all necessary conditions before initiating the process.
Alabama has two primary types of bankruptcy filings: Chapter 7 and Chapter 13. Chapter 7 bankruptcy is often called a "liquidation" bankruptcy, as it involves the sale of the debtor's non-exempt assets to pay off their creditors.
On the other hand, Chapter 13 bankruptcy is a "reorganization" bankruptcy in which the debtor employs a repayment plan to settle their debts for three to five years.
When a bankruptcy case is filed, it becomes a matter of public record, and the court maintains a record of all documents and proceedings related to the case.
Regardless of the bankruptcy filings, Alabama Bankruptcy Records typically contain the following information:
- Case details such as the case number, date filed, and the assigned judge
- Debtor and creditor information, including their names, addresses, and contact details
- Information on assets and liabilities owned by the debtor
- Documentation of the bankruptcy proceedings, including court orders, motions, and other legal documents
- Information on the bankruptcy discharge, including the type of discharge granted and any conditions attached
- Information on any appeals or other legal challenges to the bankruptcy proceedings
How To Obtain Bankruptcy Records in Alabama?
If one needs to obtain bankruptcy records in Alabama, there are multiple ways to do so.
One option is to use the Multi-Court Voice Case Information System (MCVCIS). It is a toll-free, automated telephone service that allows individuals to request and receive information on a bankruptcy case.
To use this service, dial (866) 222-8029, follow the button prompts and input the appropriate response. Note that this method only provides basic information about a bankruptcy case in Alabama.
Another option is through Public Access to Court Electronic Records (PACER). It is a centralized information database for all federal courts.
PACER charges a service fee for every page viewed, and users must create an account and register to use the service. Unlike MCVCIS, PACER provides more information about a bankruptcy case in Alabama.
Lastly, an individual can use the public access terminals at each courthouse. These electronic systems enable users to access case file information and provide the same level of detail as PACER. However, printing copies of records may incur fees.
Does Alabama Have a Case Search?
Alabama is one of the U.S. states allowing its citizens to access court records through a case search system. The Alabama Judicial System provides online access to public records of its courts through the "ON-DEMAND Access To Alabama State Trial Court Records" portal.
This case search system makes it easier for the public to locate case records, including dockets, court orders, judgments, and other case-related information. Interested individuals can create an account on the portal and search for Alabama Court Records at their convenience.
In this system, users can access various state court records, including civil records, small claims records, criminal records, traffic records, domestic relations, and child support, by searching through case numbers or party names. Note that the available services are subject to fees based on the search criteria.
It is also worth noting that some court records may not be available through the Alabama case search system.
When attempting to obtain court records in Alabama outside the state case search system, the first step is to contact the courthouse that heard the case and recorded the files. After identifying the appropriate court, contact the court's record keeper, typically the court clerk.
Send a written request to the Office of the Court Clerk for the necessary record. The request must include the defendant's name, case number, and date to facilitate the search and retrieval of the requested document.
Obtaining judicial records in Alabama typically requires a fee before the record's release. The cost may vary among courts and counties.
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