Alabama Criminal Records

According to recent crime statistics, Alabama has a total crime rate of approximately 21.48 per 1,000 residents and a violent crime rate of about 4.09 per 1,000 residents. Alabama criminal records are official documentation of these incidents and detail a person's interactions with the state's criminal justice system. These records contain information ranging from arrest details, charges, and case dispositions to sentencing information, incarceration history, and more.

The Alabama Law Enforcement Agency (ALEA) serves as the state's central repository for criminal records and typically provides access to this information (upon request) through its Criminal Justice Information Services (CJIS) Division. In addition, several local and state agencies, including county sheriff's offices, police departments, the Alabama Unified Judicial System's trial courts, and the state's Department of Corrections, generate and maintain copies of criminal records.

Are Criminal Records Public in Alabama?

Per the Alabama Open Records Law (codified in Sections 36-12-40 through 36-12-46 of the Alabama Code), members of the public generally have the right to inspect and obtain copies of records maintained by government agencies in the state, including criminal records. However, there are certain exemptions. For instance, juvenile records and expunged records are deemed confidential records and exempt from public disclosure under the Open Records Law. Similarly, information regarding active or ongoing criminal investigations, identifying information on confidential informants, and details of certain crime victims (especially for domestic violence and child abuse-related cases) are also generally restricted from public access.

How To Look Up Criminal Records in Alabama?

The Alabama Law Enforcement Agency (ALEA) manages the state's criminal history data and provides access to this information for public background check purposes. To access this data, you will need to submit a properly completed and signed Application to Review Alabama Criminal History Record Information (CHRI) Form to the agency at:

The form should be submitted with a copy of a valid ID, a classifiable copy of fingerprints taken by an authorized law enforcement agency, and a $25 fee in the form of a money order or cashier's check (note that there is an additional $5 fee for each extra copy requested). These documents and the necessary payment may also be mailed to the agency at:

Requests are typically reviewed and processed within 4 - 5 weeks. The ALEA also maintains the Alabama Background Check (ABC) System, which may be used to access Alabama criminal records online. However, this option is only available to authorized, qualifying employers and requires an annual subscription fee of $95, plus a $15 charge for each background check conducted.

Inquiries concerning performing background checks and obtaining official Alabama criminal records may be directed to the ALEA at (334) 353-4340 or 1-866-740-4762.

How To Search Alabama Arrest Records?

Alabama arrest records are generated when a person is detained and taken into custody by a law enforcement agency in the state, primarily police departments and sheriff's offices. These records typically include details like:

• The name, age, gender, and race of the person arrested
• The date and location of the arrest
• The arresting agency
• A description of the alleged offense(s) and the charges filed
• The arrest/case number
• Booking information, such as fingerprints and mugshots

You can typically access an Alabama arrest record by contacting the arresting agency and submitting an official records request to their records department/unit, either in person, via mail, or online (if available). It is important to contact the specific agency that handled the arrest, as they are the primary custodians of these records. Some law enforcement agencies also offer online access to their arrest logs or incident reports through their official websites, usually at no cost.

How To Search Alabama Warrants?

A warrant in Alabama is a judicial order issued by a judge or magistrate that authorizes law enforcement to take a specific action, such as making an arrest or conducting a search of a premise. Some of the most common types of Alabama warrants are:

• Arrest Warrants: These authorize law enforcement officials to take a person into custody on suspicion of committing a crime. These warrants are issued based on probable cause.
• Search Warrants: These authorize law enforcement officials to search a specified location (usually for evidence related to a crime) and also seize personal property from this location. These warrants must also be issued based on probable cause.
• Bench Warrants: These are issued when a person fails to appear in court or violates a court order, and they authorize the apprehension of the person in question.

Arrest and bench warrants in Alabama typically remain active until they are executed or recalled/quashed by the issuing court. However, search warrants have a limited validity period - per Section 15-5-12 of the Alabama Code, these warrants must be executed and returned to the issuing judge or magistrate within 10 days of being issued. You can typically access warrant information in Alabama by contacting the court clerk's office or the law enforcement agency of jurisdiction in the county where the warrant was issued. Some county sheriff's offices also maintain online, searchable lists/databases of individuals with outstanding warrants; however, the availability and scope of this information can vary by county.

Can I Obtain an Alabama Criminal History Record of Another Person?

Yes, you may request an Alabama criminal history record for another person through the Alabama Law Enforcement Agency (ALEA); however, this access is restricted. The agency offers an online ABC system that qualified employers may use to conduct background checks on current and prospective employees. For other types of public background checks, you must get the signed consent of the subject of the record. This process involves submitting a duly signed or notarized application form, fingerprinting, and paying a $25 fee. Queries may be directed to the ALEA at (334) 353-4340.

The Alabama Unified Judicial System also provides an online platform that may be used to access criminal records. There is a $9.99 fee per case searched on this platform. It should be noted that full criminal history reports are not typically obtainable through this platform; available information is generally limited to details on arrests that resulted in court proceedings.

How To Expunge or Seal Alabama Criminal Records

In Alabama, an expungement is a legal process that "seals" a criminal record, removing it from public view. However, the record is not destroyed, meaning that it may still be accessed by criminal justice agencies, including law enforcement and prosecutorial authorities, as well as certain licensing boards. Title 15, Chapter 27 of the Alabama Code governs the state's expungement process and outlines eligibility criteria and other requirements for individuals who wish to get their records expunged.

Per this law, non-convictions as well as most traffic offenses, municipal convictions, and misdemeanors may be expunged. Non-violent felony convictions may also be expunged, but only if the person has received a "Certificate of Pardon with Restoration of Civil and Political Rights" from the Alabama Board of Pardons and Paroles. However, certain crimes cannot be expunged in Alabama, including (but not limited to) sexual offenses, violent crimes, offenses involving children, and serious traffic offenses.

The expungement process typically involves the following steps:

• Determine eligibility. In addition to confirming that the record is eligible for the process, you typically have to complete a mandatory waiting period before the record may be expunged. This may range from 90 days to three years (after the charges were dismissed or the imposed sentence was completed).
• File a petition with the court that handled the case. Application forms are typically available at the court. Note that you may be required to attach a certified copy of your criminal history record obtained from the Alabama Law Enforcement Agency (ALEA) and any other necessary supporting documentation.
• Notify relevant agencies. These include law enforcement and the district attorney's offices; these parties will be allowed to object to the expungement.
• Wait for the court's decision. Be aware that the court may hold a hearing before reaching a decision on whether to grant or deny the expungement request.

If the petition is granted, it will be removed from all public databases. It is important to note that an individual may only expunge one felony and two misdemeanor convictions in their lifetime.

What Are the Limitations to the Use of Criminal Records for Employment, Licensing, and Housing in Alabama?

Alabama does not currently have any broad state laws restricting the use of criminal records in employment, housing, or licensing decisions. Criminal background checks are required for certain job applications, particularly roles that involve caring for children, the elderly, and the disabled. Notwithstanding this, several federal laws and regulations still influence how criminal record information may be used in the state. These include:

• The Fair Chance Act prohibits federal agencies and contractors from asking about an applicant's criminal history until after a conditional job offer is made.
• The Fair Credit Reporting Act (FCRA) requires employers, landlords, and licensing agencies to obtain written consent before performing third-party background checks. Per this act, employers must also notify applicants if a decision is made against them due to their criminal record.
• Federal guidance from agencies like the Equal Employment Opportunity Commission (EEOC) and the Department of Housing and Urban Development (HUD) prevents employers and landlords from enforcing blanket policies that automatically reject individuals with criminal records. Instead, they are encouraged to consider the nature and severity of the offense, the time elapsed, and its relevance to the job or housing application before making a decision.

Can I Access Alabama Criminal Records for Free Online?

Several websites claim to offer comprehensive access to Alabama criminal records, either for free or a small fee. However, many of these sites often provide inaccurate or outdated information. To obtain official and up-to-date criminal records in Alabama, it is best to contact the Alabama Law Enforcement Agency (ALEA) directly or use reputable sources, like the Alabama Judicial Branch's AlaCourt platform or AlabamaPublicRecords.us.