Alabama Criminal Court Records

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    Alabama criminal court records are official judicial files used to document the prosecution of local criminal cases. They are generated as criminal cases progress through the judicial system and consist of filings from case parties, docket entries, orders, motions, judgments, and other relevant documents. These records are created to track criminal cases and maintain an open and transparent court process.

    Alabama criminal court records are preserved and maintained by the Alabama Judicial System. Public access to these records is governed by Alabama Code § 36-12-40 and the Alabama Rules of Court, specifically Rule 104, regarding Record Privacy and Confidentiality.

    Are Criminal Court Records Public in Alabama?

    Yes. Rule 104 of the Alabama Rules of Court establishes the public's right to inspect and obtain copies of local court records, except where such access is otherwise limited by state law, court rule, or court order. As a result, most criminal court records are public in Alabama.

    As eluded, certain court records are designated as privileged or confidential under state laws, court rules, or by court order and are exempt from public access. Examples of these exempt records are listed in the state's Record Privacy and Confidentiality Rules. They include, but are not limited to:

    • Juvenile records
    • Grand jury's deliberations details
    • Criminal-history background reports
    • Abuse and neglect files and records
    • Privilege parole or probation records
    • DNA records collected to identify criminal suspects or offenders
    • Names or a list of grand or petit jurors pulled from the master jury list
    • Names or a list of prospective jurors sourced from the master jury box
    • Records of individuals who were convicted and later pardoned, for acts in protest of racial segregation or discrimination

    What Criminal Court Records Contain in Alabama

    In Alabama, criminal court records may contain both confidential and public information and content. Public portions of a record are typically released in full, whereas confidential details are redacted before the record is made available. Some of the public-facing contents and information criminal court records contain in Alabama include, but are not limited to:

    • Case party(ies) information
    • Ruling
    • Verdicts
    • Charges
    • pleadings
    • Sentences
    • Court actions
    • Setting dates
    • Appeals details
    • Trial transcripts
    • Financial history

    Alabama Criminal Court Records Search

    Alabama's Judiciary provides different centralized online resources, such as the Just One Look website and the Appellate Courts Public Portal, that individuals can use to conduct statewide searches for criminal court records. The latter (Just One Look website) provides online access to various Alabama trial court records, including criminal court records, for a $9.99 per-search fee. Meanwhile, court records of criminal appeal cases are accessible for free through the Appellate Courts Public Portal. These online resources allow users to search for records by case number or party name.

    Alternatively, record seekers can obtain criminal court records directly from the clerk's offices of local trial courts. For criminal cases handled by a District or Circuit court, record seekers can query the Circuit Clerk in the county where the presiding court is located. For instance, interested persons can contact the Calhoun County Circuit Clerk's office to obtain court records of criminal cases heard by the Calhoun County Circuit Court and District Court. They can submit a formal written request for the desired criminal court record to the Circuit Clerk. The written request must contain sufficient information about the sought-after record for proper identification. Similarly, individuals can request court records of criminal appeals by contacting the Alabama Appellate Court clerk's office.

    Free Access to Criminal Court Records in Alabama

    Interested persons can access Alabama criminal court records for free by visiting the Clerk's Office of the court that handled the case. Most clerk's offices have on-site public access terminals that individuals can use to search and electronically access court criminal records of cases heard in their respective courts.

    On the other hand, free online access to criminal court records is limited. The Alabama Judiciary's Just One Look website operates on a pay-as-you-go basis, whereas the Appellate Courts Public Portal is available for free.

    Sealing and Expungement of Criminal Court Records in Alabama

    In Alabama, sealing and expungement are different forms of record relief that prevent a criminal record from being accessible to the general public. The key difference between expunging and sealing criminal records is that expunged records are entirely erased. In contrast, sealed records are not erased; instead, they are made confidential and inaccessible to the public.

    How to Seal Criminal Court Records in Alabama

    According to Alabama Code § 12-15-136, juvenile criminal court records may be eligible to be sealed if the following conditions are met:

    • Two years have passed since the offender was finally discharged from legal custody or supervision, or the juvenile court entered a court order that did not involve custody or supervision.
    • The offender has not been convicted or adjudicated for a felony or misdemeanor involving drugs, weapons, sexual offenses, the use of violence, or threats of violence. Provided there is no pending proceeding seeking the adjudication or conviction.

    Individuals who meet the above conditions can complete the Motion For Sealing/Destruction of Record form and file it with the juvenile court clerk handling their case to request that their records be sealed.

    How to Expunge a Criminal Record in Alabama

    Individuals can petition for the expungement of their criminal record in Alabama under Section 15-27 of the Alabama Code. The process of petitioning for expungement generally involves the following steps:

    • Step 1: Review relevant state laws to determine if a criminal record is eligible for expungement. For instance, charges for a misdemeanor offense under specific circumstances outlined in Alabama Code Section 15-27-1 may be eligible for expungement. Similarly, Alabama Code Section 15-27-2 details circumstances that qualify charges for a felony offense for expungement.
    • Step 2: The petitioner must obtain their criminal history record from the Alabama Law Enforcement Agency (ALEA). They must also gather other required records related to their criminal history, such as court documents, arrest records, and proof that their case was resolved or dismissed.
    • Step 3: Complete the Petition for Expungement of Records form (CR-65) and file it with the appropriate court, along with any required documents, including the individual's criminal history record, court documents, and similar supporting materials.
    • Step 4: File the completed expungement petition with relevant agencies and public offices to notify them about the petition. These include the district attorney and circuit clerk of the jurisdiction where the criminal record originated, as well as the law enforcement agency that conducted the arrest.
    • Step 5: Pay the required fees, as per Alabama law. Code §15-27-4, expungement petitions are subject to a $500 administrative filing fee. The fee is distributed as follows:
      • The State Judicial Administrative Fund - $75
      • The Alabama Department of Forensic Sciences - $25
      • The District Attorney's office - $50
      • The County Circuit Court Clerk's office - $50
      • The Public Safety Fund - $50
      • The general fund of the county where the arresting law enforcement agency is located - $50
      • The State General Fund - $100
      • The Education Trust Fund - $50
      • The Fair Trial Tax Fund - $50

    Suppose the petitioner cannot afford the $500 administrative filing fee. In that case, they can request a waiver by submitting an Affidavit of Substantial Hardship and Order, along with their complete expungement petition form and other required documents.

    After receiving the expungement petition, the court will review and either deny or approve the request without a hearing. However, a hearing will be scheduled if any notified agencies or offices object to the petition. Following the hearing, if the court grants the petition, an expungement order will be issued and forwarded to the relevant agencies that maintain the record to be expunged. Subsequently, these agencies are allowed 180 days to effect the order.

    Criminal Records in Alabama vs Court Records

    Criminal records provide information about an individual's criminal history within a specific jurisdiction, including arrests, charges, convictions, and other similar matters. In other words, they are a compilation of various criminal justice records containing information about an individual's criminal background. In Alabama, these records are compiled and maintained locally by municipal police departments and county sheriffs, and at the state level by the Alabama Law Enforcement Agency.

    Conversely, criminal court records are judicial documents that detail the prosecution of criminal cases. These records are maintained primarily by the Circuit Clerk's office in each county, which acts as the custodian of trial court records, including those from Circuit and District courts in their respective counties.

    Requesting an Alabama Criminal History Record

    Alabama criminal history records are maintained by the Alabama Law Enforcement Agency's Criminal Records Identification Unit. Pursuant to Rule 201 B(71) of the Alabama Rules of Court-Record Privacy and Confidentiality, these records are exempt from public access. Thus, they are only released to eligible persons and authorized entities.

    How to Request an Alabama State Background Check

    Alabama criminal history records are confidential and only available to the record subject, qualifying employers, and eligible government entities. Individuals can request their criminal history records using the ALEA Application to Review Alabama Criminal History Record Information (CHRI). The application contains instructions on how to make these requests, including the required forms of identification, fees, and other documents, such as fingerprint cards, that facilitate the request.

    Meanwhile, qualifying employers can use the Alabama Background Check System (ABC) to access the most recent and comprehensive criminal records of their prospective and current employees.

    Active vs Archived Criminal Cases in Alabama

    Active criminal cases are pending proceedings that are yet to be resolved through trials, plea bargains, or other methods of disposition. Court records of these cases are accessible through the Circuit Clerk's office of the county where the case originated and the Alabama Judiciary's Just One Look website.

    On the other hand, archived cases are those that have been resolved or have reached the record retention limit established by the Alabama Unified Judicial System's Records Retention Schedule. As a result, the court records of these cases are removed from online storage and transferred to off-site storage facilities for safekeeping. Although archived criminal cases' court records can be requested through county circuit clerk's offices, they take significantly longer to process and may be subject to additional fees.