Alabama Criminal Records
Alabama Criminal Records refer to any documentation that contains information about individuals charged with, convicted of, or sentenced for criminal offenses in the state. Various state and local government agencies, including the Alabama Law Enforcement Agency (ALEA), county sheriff's offices, and local police departments, maintain these records.
One of the actual uses of these records is for background checks conducted by employers, landlords, and other individuals to evaluate the criminal history of a potential employee, tenant, or business partner.
Access to criminal records helps employers make informed hiring decisions and protect their businesses, employees, and customers from potential harm.
Criminal records in Alabama may include various information, depending on the record type and the agency responsible for maintaining it. Typically, they contain some common types of information, including:
- Personal information, such as the name, address, date of birth, any known aliases, and other identifying information of the individual
- Set of fingerprints and mugshot
- Information about any prior arrests, charges, and convictions, as well as details about the committed offense(s)
- Details about incarceration, including the facility that housed the individual, the sentence length, and the release date
- Information about any court-ordered supervision, including the terms and length of the supervision and any violations of the terms
- Information about any outstanding warrants or active warrants for an individual's arrest
Under the Alabama Open Records Law, records maintained by Alabama government agencies are public records, and citizens have the right to inspect and copy these records. However, there are some exceptions to this general rule, and certain records may be exempt from public disclosure for reasons such as privacy concerns, ongoing investigations, or national security.
Furthermore, certain types of criminal records, such as juvenile or expunged records, may be restricted from public view for a specific time.
What Are the Types of Crimes in Alabama?
Alabama recognizes a range of criminal offenses, which are classified based on the severity of the crime and the potential punishment for conviction.
Below are the types of crimes in Alabama:
Felonies
A felony in Alabama is a severe crime punishable by more than one year in state prison and hefty fines. The state classifies felonies into four, which are as follows:
Class A Felonies
Class A felonies are Alabama's most serious criminal offenses and carry severe penalties. Generally, individuals convicted of Class A felonies may face a definite term of imprisonment of 10 to 99 years or even a life sentence. In addition to imprisonment, Class A felonies could also lead to hefty fines, which can go up to $60,000.
Below are Class A felonies in Alabama:
- Murder
- First-degree kidnapping
- First-degree rape
- First-degree robbery
- First-degree domestic violence
- First-degree burglary
- First-degree arson
Class B Felonies
Depending on the circumstances of the case, the sentence for a Class B felony can range from two years to 20 years. In addition to imprisonment, individuals convicted of a Class B felony could also be fined up to $30,000.
Class B felonies in Alabama encompass a range of serious criminal offenses. Some examples of these offenses include:
- First-degree Manslaughter
- First-degree assault
- First-degree property theft
- Second-degree rape
- Second-degree domestic violence
- Second-degree burglary
- Unlawful distribution of drugs
Class C Felonies
If someone is guilty of any of the following Class C felonies in Alabama, they may be subject to a sentence of 366 days to 10 years of imprisonment and may face fines of up to $15,000:
- First-degree unlawful possession of marijuana
- First-degree stalking
- Third-degree extortion
- Third-degree robbery
- Looting
- Bribery
- Possession of a controlled substance
- Sexual abuse
- Interference with custody
Class D Felonies
A Class D felony typically carries a sentencing range of 366 days to five years, along with the possibility of fines up to $7,500.
Some examples of Class D felonies in Alabama are as follows:
- Unauthorized or fraudulent use of a credit or debit card
- Theft of property valued at between $500 and $1,500
- Personal possession of a controlled substance
Misdemeanors
Misdemeanors in Alabama are criminal offenses that are less serious than felonies. These offenses are categorized into three classes based on severity: Class A, B, and C. In addition to potential jail time or hard labor for the county, the court may order individuals convicted of a misdemeanor offense to paying a fine.
Class A Misdemeanors
The most severe category of misdemeanor offenses in Alabama is Class A misdemeanors, which carry a maximum fine of $6,000 and a potential jail sentence of up to one year.
Common examples of Class A misdemeanors in Alabama include:
- Third-degree assault
- Third-degree property theft
- Second-degree criminal mischief
- Possession of drug paraphernalia
Class B Misdemeanors
When an individual is charged with a Class B misdemeanor in Alabama, they may face fines up to $3,000 and a jail sentence of up to six months.
Some offenses under the Class B misdemeanors in Alabama include:
- Resisting arrest
- Holding an open house party
- Tampering with a witness
- Committing acts of animal cruelty
Class C Misdemeanors
In Alabama Criminal Records, if someone is guilty of a Class C misdemeanor, they may be subject to fines up to $500 and a jail term of up to three months.
Some of the prevalent Class C misdemeanors in Alabama are as follows:
- Public possession of an exposed container of alcoholic beverages
- Disorderly conduct
- Harassment
- Engaging in public lewdness
Violations
In Alabama, violations are considered the least severe criminal offenses, with a maximum punishment of 30 days in county jail and a typical fine of less than $200. Violations may include minor offenses such as traffic tickets.
Many individuals may assume that pleading guilty to a violation and paying the fine is the easiest option. However, it is essential to be aware that a guilty plea for a traffic ticket can also adversely affect one's driving record.
How Does Probation Work in Alabama?
In Alabama, probation, overseen by the Alabama Board of Pardons and Paroles (ABPP), is an alternative to incarceration for many criminal offenses. There are two types of probation in Alabama: supervised and unsupervised.
Supervised probation is where the offender is assigned a probation officer who monitors their progress and ensures they comply with all court-ordered requirements. The probation officer may conduct regular check-ins with the probationer, visit their home or workplace, and administer drug tests to ensure compliance.
On the other hand, unsupervised probation requires the offender to follow court-ordered conditions without a probation officer. These conditions may include completing community service hours, attending counseling or rehabilitation programs, or staying away from certain people or places.
The decision to grant supervised or unsupervised probation depends on the nature of the offense and the offender's criminal history. Offenders who have committed more serious crimes or have a history of noncompliance with the law are more likely to be placed on supervised probation.
Throughout the probationary period, the offender may be sent back to jail if they violate the terms of their probation. However, if the individual successfully fulfills the conditions of their probation, they are typically released from further penalties.
In Alabama, individuals who commit a misdemeanor may face up to two years of probation, while those who commit a felony may face up to five years. The court may adjust the initial sentence based on specific conditions, but the probation period cannot exceed these limits for one offense.
Note that if an individual has a sentence of 15 years or more, probation is not possible as part of their sentence in Alabama.
How Does Parole Work in Alabama?
Parole in Alabama is a term used to describe an inmate's release from prison before their sentence completion. The ABPP is responsible for granting parole to eligible inmates.
To be eligible for parole, an inmate must first serve a portion of their sentence.
For inmates charged with Class A felonies, they must serve at least 15 years before becoming eligible for parole. All other inmates must serve at least one-third of their sentence or ten years, whichever is less. Early consideration of parole in Alabama is also possible after an inmate has completed a minimum of 5 years in prison.
The board will conduct a hearing to determine whether an inmate is eligible for parole. The inmate may have an opportunity to speak on their behalf, and the board may consider several factors, such as the inmate's likelihood of committing another crime, their behavior in prison, and the impact of their release on the victim and the community.
For an inmate to be granted parole in Alabama, at least two of the three board members must vote to approve the parole. For early consideration of parole, a unanimous vote from all three board members is necessary for early parole to be given.
If the board grants inmates parole, they will be released and required to serve the remainder of their sentence under community supervision. The inmate must report to a parole officer and follow specific conditions and restrictions.
These conditions may include regular check-ins with the parole officer, maintaining employment or attending school, participating in drug or alcohol treatment programs, or staying away from certain people or places.
If the inmate violates the conditions of their parole, they may be returned to prison to serve the remainder of their sentence.
How Does Expungement Work in Alabama?
Expungement is a legal process allowing individuals to clear their Alabama Criminal Records from public view. In this state, expungement is available under certain circumstances.
Before 2021, Alabama courts didn't have the power to expunge or seal adult conviction records, except for victims of human trafficking. However, with the Record Expungement Designed to Enhance Employment and Eliminate Recidivism (REDEEMER) Act, Alabama now allows the expungement of non-violent misdemeanors, violations, and pardoned felonies.
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.
Alabama expungement is impossible for violent and sexual offenses, serious traffic offenses, and crimes of moral turpitude. However, expungement may be achievable if such a severe felony was downgraded as a misdemeanor and the offender hasn't been arrested for 15 years before submitting the petition.
To begin the expungement process in Alabama, the individual must file a petition with the court where the conviction occurred. The petition must include specific information, such as the conviction date, charges, proof of sentence completion, and payment of all fines and restitution. A fee is associated with filing the petition.
The court provides copies of the petition to the district attorney and law enforcement agency and notifies any victims involved. If there are any objections, the court will conduct a hearing.
If the petition is approved, the court will expunge all records related to the case in the court's custody and any records held by other agencies or officials, including law enforcement records.
How To Obtain a Criminal Record in Alabama?
Obtaining Alabama Criminal Records is necessary to help individuals understand their legal history and potential barriers they may face in certain situations. Thankfully, with the Alabama Background Check System, this process makes relatively straightforward, with clear guidelines and requirements for obtaining criminal records.
Individuals must complete the "Application to Review Alabama Criminal History Record Information" form to obtain an Alabama Criminal Record. This application requires individuals to provide their personal information, such as name, address, birth date, and driver's license number. In addition, the applicant must give their fingerprint.
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 of the ALEA. The address for the CRIU is in the application form. It is crucial to ensure that all information is accurate and complete to avoid delays or rejections in the processing of the request.
After the ACRIU receives the completed application and fee, they will verify the information and prepare the criminal history record. The turnaround time for this process can vary but is typically between 4-5 weeks.
What Are the Criminal Background Check Laws in Alabama?
Criminal background checks are a common practice for employers in Alabama. These checks verify an applicant's criminal history and help ensure a safe workplace for all employees. However, employers must abide by specific laws and regulations when conducting criminal background checks.
Aside from the Fair Credit Reporting Act (FCRA) and the Title VII of the Civil Rights Act of 1964, below are the primary criminal background check laws in Alabama:
Alabama Consumer Credit Act
The Consumer Credit Act is one of Alabama's primary laws governing criminal background checks. This law regulates the use of consumer credit reports in Alabama.
Under ACCRA, employers and other organizations that use consumer credit reports to make employment or other decisions must comply with specific requirements. These include obtaining the individual's written consent, providing notice of the reasons for the report, and providing the individual with a copy of the report if adverse action is taken based on its contents.
Alabama Redeemer Act
On April 23, 2021, Alabama Governor Kay Ivey signed the "Alabama Redeemer Act," which came into effect on July 1, 2021. This act allows individuals with certain misdemeanor or felony convictions to ask the court to erase their Alabama Criminal Records.
Employers cannot consider records that have undergone expungement for employment decisions, and Consumer Reporting Agencies (CRAs) cannot report them. Additionally, applicants who have had their records expunged may legally deny the existence of their convictions.
Birmingham Ban-the-Box Law
In 2016, the former mayor of Birmingham, Raymond Bell, enacted an executive order known as the "Ban-the-Box Law," which applies only to public sector employers within the city limits.
This law helps prevent discrimination against job applicants with criminal records and gives them a fair opportunity to compete for employment. It eliminates the requirement for job applicants to disclose their criminal history on job applications, which can often lead to automatic disqualification from consideration.
Instead, employers are encouraged to consider applicants' qualifications, skills, and work experience before inquiring about their criminal history, which may only be brought up during the later stages of the hiring process.
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