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Fort Payne Arrest Records

Are Arrest Records Public in Fort Payne, Alabama?

Arrest records are public documents in Fort Payne, Alabama, pursuant to the Alabama Public Records Law (Code of Alabama § 36-12-40). This statute establishes that every citizen has a right to inspect and take a copy of any public writing of the state, except as expressly provided by statute. The Alabama Supreme Court has consistently interpreted this law to include arrest records among the documents accessible to the public. Law enforcement agencies in Fort Payne maintain these records as part of their official documentation of police activities and criminal proceedings.

The public nature of arrest records serves multiple governmental and civic purposes. These records enable community oversight of law enforcement operations, promote transparency in the criminal justice system, and provide citizens with information pertinent to public safety. Additionally, public access to arrest records supports the constitutional principle of open courts and governmental accountability to the citizenry.

Certain limitations may apply to the disclosure of arrest records in specific circumstances. Records pertaining to ongoing investigations, juvenile arrests, or cases sealed by court order may be exempt from public disclosure. These exceptions are codified in Alabama Code § 12-15-133 regarding juvenile records and § 41-13-1 concerning records that might compromise active investigations.

How to Look Up Fort Payne Arrest Records in 2025

Members of the public seeking arrest records in Fort Payne have multiple avenues through which they may obtain this information. The Fort Payne Police Department serves as the primary custodian of local arrest records and provides access through several methods:

  • In-person requests may be submitted at the Fort Payne Police Department Records Division, located at 100 Alabama Avenue NW, Fort Payne, AL 35967. The Records Division maintains public counter hours Monday through Friday, 8:00 AM to 4:30 PM, excluding holidays.

  • Written requests may be submitted via mail to the Records Division at the above address. Requestors must include specific information about the record sought, including the name of the arrested individual and approximate date of arrest.

  • The DeKalb County Sheriff's Office maintains a searchable online database of recent arrests at their facility, accessible through their official website. This resource includes arrests made by the Fort Payne Police Department when individuals are booked into the county detention facility.

  • The DeKalb County Courthouse, located at 300 Grand Avenue SW, Fort Payne, AL 35967, houses court records related to arrests within the jurisdiction. The Clerk of Court's office operates Monday through Friday, 8:00 AM to 4:30 PM.

Pursuant to Alabama Code § 36-12-41, agencies may charge reasonable fees for the reproduction of public records. Current fee schedules for arrest record copies are $15 for the first page and $2 for each additional page. Certified copies may incur additional charges as prescribed by administrative rule.

Contents of a Fort Payne Arrest Record

Standard arrest records maintained by the Fort Payne Police Department contain specific categories of information as mandated by Alabama law enforcement protocols. A typical arrest record includes:

  • Biographical information of the arrested individual, including full legal name, known aliases, date of birth, physical description, and residential address at time of arrest.

  • Arrest details, including the date, time, and specific location where the apprehension occurred.

  • Statutory citations and descriptions of all charges filed against the individual.

  • Identity of the arresting agency and the name and badge number of the arresting officer(s).

  • Booking information, including the processing location, booking number, and fingerprint identification data.

  • Photographic documentation, commonly referred to as a "mugshot," taken during the booking process.

  • Custody status information, including bail or bond amounts set, conditions of release if applicable, and court appearance dates.

  • Disposition information, when available, indicating the current status or resolution of the case.

The Alabama Criminal Justice Information Center (ACJIC) establishes standardized protocols for the collection and maintenance of this information under authority granted by Alabama Code § 41-9-590 through § 41-9-649. These standards ensure uniformity in record-keeping practices across jurisdictions within the state.

Expungement of Arrest Records in Fort Payne

The State of Alabama provides legal mechanisms for the expungement of certain arrest records through procedures codified in Alabama Code § 15-27-1 through § 15-27-19. Expungement removes arrest records from public access, though limited retention for law enforcement purposes may continue under restricted conditions.

Eligibility criteria for expungement in Fort Payne include:

  • Arrests that did not result in formal charges being filed within the statutory timeframe.

  • Cases where charges were dismissed with prejudice by the court.

  • Instances where the arrested individual was found not guilty of all charges.

  • Non-violent felony convictions, after a waiting period of five years following completion of sentence, with no subsequent arrests or convictions.

  • Misdemeanor convictions, excluding domestic violence offenses and sex crimes, after a waiting period of three years following completion of sentence.

The expungement process requires petitioners to file formal documentation with the DeKalb County Circuit Court. Required forms include:

  • Petition for Expungement (Form CR-65)
  • Order of Expungement (Form CR-65A)
  • Affidavit of Substantial Hardship, if applicable (Form CR-65B)

Filing fees for expungement petitions are set at $300 as prescribed by Alabama Code § 15-27-4. This fee may be waived upon demonstration of substantial hardship through proper documentation submitted to the court.

Upon receipt of a properly filed petition, the court schedules a hearing where the petitioner must demonstrate eligibility under the statutory criteria. The District Attorney's Office receives notification of all expungement petitions and may contest the application based on public safety considerations or statutory ineligibility.

If granted, the expungement order directs all relevant agencies, including the Fort Payne Police Department, DeKalb County Sheriff's Office, and Alabama Law Enforcement Agency, to seal the specified records from public view. Agencies must comply with expungement orders within 30 days of receipt as mandated by Alabama Code § 15-27-9.

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