Montgomery County, Alabama Arrest Records
Montgomery County arrest records refer to official details recorded by law enforcement agencies, such as the Montgomery County Sheriff's Office, about detainees and the circumstances of their detention. Arrest records are official information about arrested individuals, such as their name, age, occupation, mugshot, booking date or number, as well as the details of the detention, such as the custody status, alleged offenses, investigating agency, and bail or bond conditions. These records help with background checks done by landlords, employers, and licensing agencies, as well as for finding individuals in custody and getting information about their custody status.
Unlike complete criminal records, which are usually restricted, arrest records can be easily accessed by anyone through the sheriff's office. The complete criminal records are maintained by the Alabama Law Enforcement Agency through its Alabama Criminal Justice Information Center. An official record request will be required to access complete criminal records, while arrest records can be accessed with simple requests.
Local or municipal law enforcement bodies can also execute arrests and maintain their arrest records internally. Arrests executed by the Montgomery Police Department can be recorded and maintained by the department, which serves the county's larger city. The sheriff's office handles arrests for the rest of the county where their deputies patrol.
Are Arrest Records Public Information in Montgomery, Alabama?
Yes, Montgomery County arrest records are publicly accessible records according to the Alabama Open Records Act. According to Alabama Code § 36-22-8, county jail bookings are public records. This means members of the public can approach the sheriff's office or county jail in person to make arrest inquiries. They can also submit written requests to the sheriff's office for complex or extensive requests. The entries in the jail booking, which contain basic details of the detainee and arrest, are publicly accessible, while incident reports, witness statements, and investigative files can be withheld under the investigative privilege exemption, especially while a case is still open.
According to Alabama's Attorney General, the front side of a standard incident report is generally public, subject to the case's redactions, with agencies having full discretion. The state provides access to arrest records for every resident of Alabama. In practice, agencies may not police the requester's residency when an individual asks for a routine record like a jail roster entry or accident report. However, more formal requests will be scrutinized.
What Do Public Montgomery County Arrest Records Contain?
Montgomery County arrest records contain information for identifying individuals in law enforcement custody and reviewing their custody status. According to public records law, arrest records accessible to the public contain basic details about the detainee and the arrest circumstances. These public details include:
- The detainee's name
- Date of birth or approximate age
- Booking photograph
- Booking date and number
- Bail amount and bond information
- Custody status
- Date, location, and time of the arrest
There are also restricted details in arrest records that do not show up in the basic summary available to the public. These restrictions help to protect data integrity and ensure individual privacy is respected. Members of the public will not have access to arrest records from juvenile cases, according to the law. Other arrest records restricted from public access include records expunged by a court order, information protected by the investigative privilege exemption, and personally identifiable records.
Montgomery County, Alabama Arrest Search
Montgomery County arrest records are maintained at the local, state, and federal levels. The state and federal agencies also provide online and offline resources for searching arrest records in Montgomery County. These records can be accessed offline by submitting record requests. Members of the public can go to the relevant state criminal justice agency with a written record request for a search. Phone inquiries are also allowed for simple and basic search requests.
The Alabama Law Enforcement Agency provides access to the state's criminal records repository through the Alabama Criminal Justice Information Center. This body manages the Alabama Background Check system, which isn't open for public casual browsing. It is suited for employers and other authorized entities with a recognized need to know. This system uses fingerprint search, which costs $25 payable to the ALEA's Criminal Records Identification Unit. Court records can also be used to access arrest records through the arraignment documents.
Members of the public can do this in person at the clerk's office or using a self-help terminal. The state also maintains the Alacourt ACCESS V2.0 website, which allows the public to search statewide criminal case records. Each name or case number search costs $9.99 per case, while document images cost $5 for the first 20 pages and $0.50 after that. At the federal level, arrests are executed by the Federal Bureau of Investigation. This agency also maintains records of detention for federal-level offenses. Members of the public can conduct fingerprint-based searches through the FBI's Identity History Summary Check. If your search does not provide results through these channels, you can use the Alabama Department of Corrections inmate search or the Federal Bureau of Prisons Inmate Locator to search arrest and detainee details in state and federal detention centers, respectively.
Montgomery County Inmate Locator
Montgomery County inmates can be located by searching the sheriff's office's records and inmate roster. This office is open to the public for inmate inquiries, which can be done in person. Members of the public can also request basic inmate information over the phone by calling 334-832-4980 for the sheriff's office. This office also maintains an inmate roster which is available to the public. The Inmate Roster and Warrants website provides links for searching recent arrests, current inmates, and outstanding warrants. The current inmates section provides a list of detainees currently in custody with a search bar at the top. The sheriff's office can be located at:
Montgomery County Sheriff's Office
115 South Perry Street
Montgomery, Alabama 36104
334-832-4980 - Main Line
How to Find Arrest Records for Free in Montgomery County
Montgomery County arrest records can be accessed for free through the county and state tools. Members of the public can make basic arrest inquiries at the sheriff's office or other law enforcement agencies in person or over the phone. While basic and simple requests are usually handled at no charge, making copies will attract a per-copy cost. The sheriff's office also maintains an Inmate Roster and Warrants website, which provides free searchable access to the county's inmate listing and outstanding warrants.
Criminal court records can be inspected for arrest details, especially through arraignment records. Requesters should not expect to access sensitive or restricted arrest records through free tools. These free options also do not provide access to older or historical arrest records. This means they are limited to details of current detainees or active cases.
Montgomery County Arrest Report
Montgomery County arrest records refer to the summarized facts from the detainee and the arrest situation. These facts are recorded when the detainee is being booked into the county jail system. They are administrative entries that are used for accounting for a detainee and tracking their custody status throughout their detention. Some details in arrest records include the full names, physical description, approximate age or date of birth, charges, bail or bond conditions, and booking date or number.
An arrest report is different because it is a detailed narrative account by the arresting officer. This document contains a narration of everything about the arrest, such as what led to the arrest, who was involved, what happened at the scene, and the evidence or statements from the arrest. An arrest report provides details beyond the entries in a booking record, which makes it not entirely public initially. Arrest reports may be withheld until the case or investigation becomes inactive. According to the Alabama Attorney General, the front side of the arrest report can be generally public, while full discretion is on the agencies to redact or withhold portions from ongoing investigations.
How to Get an Arrest Record Expunged in Montgomery County
Individuals with arrest records in Alabama can expunge these records according to state laws. The older law only allows expungement for arrests where the charges did not lead to a conviction, while the 2021 Redeemer Act (Ala. Code § 15-27-1 and § 15-27-2) provides updated regulations for expungement. The new laws describe expungement in Alabama as a removal of records such that the detainee can be deemed to have not been arrested for the offense. However, the record is not completely destroyed but restricted to a limited set of licensing bodies.
Eligibility for expungement in Alabama depends on the specifics of the case and arrest. In cases where the charges were dismissed, no-billed by a grand jury, or resolved with a not-guilty verdict, expungement is automatic and straightforward. The Redeemer Act now allows up to 2 nonviolent misdemeanor convictions to be expunged after a 3-year waiting period and one felony conviction expungement after a full pardon. A detainee for a felony conviction will become eligible for expungement after 180 days from the pardon. Violent offenses, sex offenses, and most serious traffic offenses or DUIs are not eligible for expungement in Alabama. Offenses involving moral turpitude are also not eligible.
After confirming that you can expunge your arrest record, complete a petition for expungement and file it at the criminal division of the Circuit Court where the charges were filed, through the Circuit Clerk's office. The filing of this petition has a filing fee of about $500, which can be waived for those who qualify for a waiver. The District Attorney's office will be notified of the case and required to make an objection within a reasonable period. If there is an objection, the court prepares for a hearing. Where there is no objection. The court proceeds to grant the order for expungement, which is sent to all law enforcement agencies to effect the record removal.
How Do You Remove Montgomery County Arrest Records From the Internet?
Montgomery County arrest records can be removed from the internet using an expungement order. You can obtain an expungement order through the Circuit Court by filing a petition for expungement. When the court grants this order, it is served on law enforcement agencies and criminal justice bodies for automatic compliance. There are also third-party websites that host arrest records that are not privy to the court order.
However, some third-party platforms provide their users with a record removal process. You can use such a process or use alternative means, such as emails to apply that your record be removed from the platform. This can be supported with a certified copy of the order for expungement.