Cherokee County Court Records Search
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Cherokee County, Alabama, operates a court system that spans several distinct venues — from the Circuit and District Courts handling major civil and criminal filings down to the Probate Court managing estate and guardianship matters. Records generated by these courts document the complete arc of a legal proceeding: names of parties, case numbers, filed motions, orders, pleadings, judgments, transcripts, and evidentiary documentation. The Circuit Clerk's office is the central custodian for the majority of these records, while the Probate Court maintains its own separate set of files.
Residents and researchers looking for Cherokee County case information can start by consulting court resources maintained by the Alabama judicial branch. AlabamaCourts.us is one entry point for navigating Alabama's court structure and identifying the appropriate venue or clerk for a particular case type. Records may also be accessed in person at the courthouse, through written mail requests to the appropriate clerk's office, or via online case management systems offered by the state's courts. The statewide Alacourt public access portal allows registered users to search civil, domestic, criminal, and traffic court records across Alabama's trial courts.
How to Look Up a Court Case in Cherokee County?
The Circuit Clerk's Office at the Cherokee County Courthouse is the primary point of contact for most court record requests. The office currently oversees Circuit, District, Domestic Relations, Traffic, and Juvenile divisions.
Cherokee County Circuit Clerk's Office
| Field | Details |
|---|---|
| Address | 373 East Main Street, Suite 102, Centre, AL 35960 |
| Phone | (256) 927-3637 |
| Hours | Monday – Friday, 8:00 a.m. – 4:00 p.m. (closed 12:00 p.m. – 1:00 p.m.) |
| Website | cherokee.alacourt.gov |
There are several methods available for looking up Cherokee County court cases:
- Online via Alacourt: The Alacourt public access portal provides searchable docket information for all Alabama trial courts. Registration is required to access case documents.
- In person: Visit the Circuit Clerk's Office during business hours. Bring identifying information such as the party's full name, case number, or approximate filing date to expedite the search.
- By mail: Complete a records request form and submit it to the clerk's office. Include all relevant case identifiers to prevent delays.
- By phone: For general inquiries, the clerk can be reached at (256) 927-3637. Staff are prohibited by law from providing legal advice but can assist with procedural questions.
For forms related to court proceedings across all Alabama courts, the Alabama Administrative Office of Courts eforms portal makes standardized documents available for download at no charge. Additional legal and court-related information is accessible through www.alacourt.gov.
Are Court Records Public in Cherokee County?
Alabama law establishes a strong presumption of public access to court records. Alabama Rule of Court 104 affirms the general right of citizens to inspect and photocopy court records held by any court in the state, including Cherokee County. This right applies to case filings, docket sheets, orders, and judgments unless a specific statutory provision or court order restricts access.
The following categories of records are exempt from public access under Rule 201 and related statutes:
- Documents prepared for peer review committees under Ala. Code § 6-5-333
- Confidential information shared by educators and child delinquency court notices under Ala. Code § 12-15-217
- Trade secrets as defined by Ala. Code §§ 8-27-2, 22-30-18, and 27-22-25
- Audio recordings of 911 calls under Ala. Code § 11-98-12
- Communications between providers and recipients in professional corporations under Ala. Code § 10A-4-3.04
- Adult probation officer reports submitted to municipal courts under Ala. Code § 12-14-13
- Sealed records restricted by court order
Outside these exemptions, court filings are accessible to any member of the public upon request. Fees may apply for copies, and certain sensitive personal information — such as Social Security numbers and financial account details — may be redacted from otherwise publicly available documents consistent with applicable privacy rules.
Cherokee County Criminal Court Records
Criminal cases in Cherokee County are prosecuted in the Circuit Court (for felonies) and the District Court (for misdemeanors and lesser criminal offenses). The Circuit Clerk maintains records for both venues. The Magistrate Court issues warrants and handles preliminary criminal hearings, feeding cases into the higher courts.
Requesting Criminal Court Records
To obtain records from a criminal case:
- Contact the Circuit Clerk at (256) 927-3637 or visit 373 East Main Street, Suite 102, Centre, AL 35960.
- Submit a completed records request form by mail if unable to appear in person.
- Provide the defendant's full name, date of birth if available, case number, and approximate filing year.
- Pay any applicable copy fees at the time of the request.
Criminal History and Arrest Records
For statewide criminal history background checks, the Alabama Law Enforcement Agency (ALEA) maintains the Criminal Records Identification Unit and processes formal background check requests. The administrative fee for reviewing Alabama criminal history records is $25.00, payable by money order or cashier's check made out to ALEA. Requests must be submitted in writing using the applicable ALEA form.
Members of the public seeking Cherokee County arrest records may also contact the Cherokee County Sheriff's Office directly:
| Field | Details |
|---|---|
| Website | cherokeecountyalsheriff.com |
| General Tip Line | (256) 927-3365 |
Searches for arrest records through the sheriff's office may be conducted without charge; however, obtaining certified copies of criminal court records from the clerk will incur per-page copy fees. For traffic-related matters, the Alabama Traffic Service Center handles payment and inquiries by phone at (866) 954-9399.
Cherokee County Civil Court Records
Civil cases in Cherokee County are divided between the Circuit Court (for claims exceeding $20,000) and the District Court (for civil disputes from $6,000.01 to $20,000). Unlawful detainer (eviction) actions fall within the District Court's concurrent jurisdiction alongside the Circuit Court.
Circuit Civil Filing Fees
| Fee Description | Filing Fee |
|---|---|
| Circuit Civil ($20,000.01 – $50,000) | $269.50 |
| Circuit Civil ($50,000.01 and over / unspecified amount) | $369.50 |
| Workers' Compensation | $217.50 |
| Jury Demand Fee | $100.00 |
| Motion for Default or Summary Judgment | $50.00 |
| Garnishment | $30.00 |
| Execution | $30.00 |
| Subpoena | $12.00 |
| Additional Defendant (Sheriff service, in-county) | $10.00 + $25.00 service fee |
District Civil Filing Fees
| Fee Description | Claim Amount | Filing Fee |
|---|---|---|
| Standard Civil Claim (one defendant) | $6,000.01 – $20,000.00 | $270.50 |
| Additional Defendant | Any amount | $10.00 |
| Default Judgment | Any amount | $50.00 |
| Garnishment | Any amount | $30.00 |
Filing fees are non-refundable, and personal checks are not accepted. Individuals who cannot afford to prepay filing costs may complete an Affidavit of Substantial Hardship and request that the judge defer payment until the conclusion of the case.
Initiating a District Civil Case
To file a district civil claim, parties must complete a Statement of Claim (Form SM-01) at the Circuit Clerk's Office. Corporations must be represented by an attorney; individuals and partnerships may represent themselves. Once filed, the defendant has 14 calendar days to file an answer. If no answer is submitted, the plaintiff may apply for a default judgment using Form C-25A, which must be notarized.
Cases involving appeals from District Court to Circuit Court carry an additional filing fee of at least $269.50 (non-jury) or $369.50 (jury trial), and a bond covering unpaid costs must be posted by the appealing party.
Unlawful Detainer (Eviction) Actions
Landlords initiating evictions under the Alabama Uniform Residential Landlord Tenant Act (Act No. 2006-316) must file a Complaint using Form C-59. The initial filing fee is $270.50, with $10.00 per additional defendant. Tenants must receive seven-day notice for nonpayment of rent or fourteen-day notice for other lease violations before a complaint may be filed.
Cherokee County Family Court Records
Family law matters — including divorce, child custody, child support, and domestic violence proceedings — are handled in the Domestic Relations division of the Circuit Court. This division is located within the same courthouse as the Circuit Clerk, at 373 East Main Street, Suite 102, Centre, AL 35960.
Divorce Proceedings
Once an uncontested divorce is filed and all paperwork is in order, a mandatory 30-day waiting period applies before a judge may sign the decree. Contested divorces are randomly assigned to a judge and set for trial. The clerk's office does not provide fill-in-the-blank divorce pleadings and strongly recommends that parties, especially those with minor children, retain an attorney.
Domestic Relations Filing Fees
| Fee Description | Filing Fee |
|---|---|
| Domestic Relations Docket Fee | $217.50 |
| Modify/Enforce (Contempt) | $320.50 |
| Subpoena Fee | $12.00 |
| Garnishment | $30.00 |
| Execution | $30.00 |
| Motion for Default or Summary Judgment | $50.00 |
| Income Withholding Order | $28.00 |
| Withholding Termination Fee | $28.00 |
Effective January 1, 1994, when any child support order is entered, an immediate income withholding order is served on the paying parent's employer unless the parties have reached an alternative agreement approved by the court. Required child support forms include:
- Child Support Information Sheet (CS-47)
- Child Support Obligation Income Statement/Affidavit (CS-41)
- Child Support Guidelines (CS-42)
- Child Support Guidelines Notice of Compliance (CS-43)
- Notice of Change of Defendant's Employment (CS-36)
Vital Records: Marriage, Divorce, Birth, and Death
Marriage and vital records in Cherokee County are maintained by two separate custodians depending on the record date. Marriage certificates issued before August 1936 are held by the Cherokee County Probate Court; certificates issued after that date are available through the Cherokee County Health Department at 833 Cedar Bluff Road, Centre, AL 35960, (256) 927-3132.
Divorce records from 1950 to the present are available through the Alabama Department of Public Health's Center for Health Statistics. Pre-1950 divorce records require a request directly to the Circuit Clerk. Birth records are restricted under Ala. Code § 22-9A-21 for 125 years; death records are sealed for 25 years from the date of death.
For all vital records — birth, death, marriage, and divorce — requests may be submitted in person to the Cherokee County Health Department or by mail using the standard Application for a Vital Record (Form HS-14) sent to:
Alabama Department of Public Health — Center for Health Statistics
P.O. Box 5625
Montgomery, Alabama 36103-5625
Online certificate orders can be placed through VitalChek, an independent vendor authorized by the state; additional service fees apply. The standard fee for vital records is $15.00 for the first certified copy and $6.00 for each additional copy of the same record.
Cherokee County Probate Court Records
The Cherokee County Probate Court is a separately administered court with jurisdiction over a distinct range of legal matters, including the administration of decedents' estates, the probate of wills, appointments of guardians and conservators, involuntary commitment proceedings, and the issuance of marriage licenses and business licenses.
Cherokee County Probate Court
| Field | Details |
|---|---|
| Judge | Hon. Tim Burgess, Probate Judge |
| Address | 373 East Main Street, Suite 103, Centre, AL 35960 |
| Phone | (256) 927-3668 |
| Fax | (256) 927-9218 |
| probateoffice@cherokeecounty-al.gov | |
| Hours | Monday – Friday, 8:00 a.m. – 4:00 p.m. |
| Website | cherokeecounty-al.gov/probate-office |
Accessing Probate Records
There are three ways to access Cherokee County probate records:
- Online: Use the Cherokee County Probate Records online database provided directly by the Probate Court. This portal allows searches by case name and number.
- In person: Visit the Probate Court at 373 East Main Street, Suite 103, Centre, AL 35960 during office hours.
- By mail: Submit a written request to the address above. Include the decedent's name, approximate date of filing, and any case number if known.
Types of Probate Matters
The Probate Court handles a wide range of proceedings:
- Estate administration — Formal and informal proceedings for distributing a decedent's assets to heirs and settling debts with creditors
- Will probate — Authentication and recording of last wills and testaments filed by decedents who owned property in Cherokee County
- Guardianships — Appointment of guardians for minors who lack adequate parental care and for incapacitated adults unable to make personal decisions
- Conservatorships — Court-supervised management of financial affairs for incapacitated persons
- Involuntary commitments — Mental health and substance dependency orders that authorize the Sheriff's Office to transport individuals to treatment facilities
- Property deed recording — Deeds, mortgages, and related real estate instruments are recorded through the Probate Court and are searchable via the Property Search portal maintained by the Revenue Commissioner's office
The Probate Court also provides downloadable forms relevant to estate proceedings, including Estate Claims, Witness Release on Estate, and the Requirements for Recording a Deed. The applicable recording fee schedule is available directly from the Probate Court's Schedule of Fees. Probate matters in Cherokee County are generally handled informally, though complex estate disputes or contested guardianships may require formal court proceedings before a judge.