Alabama Misdemeanors

Misdemeanors account for a significant share of the criminal justice system in every U.S. state. Broadly speaking, a misdemeanor is a criminal offense less serious than a felony and more serious than an infraction. It typically carries penalties, including fines and up to one year in jail.

What Is a Misdemeanor in Alabama?

Under Alabama law, a misdemeanor is a criminal offense more serious than a violation or infraction but less severe than a felony. Misdemeanor offenses in Alabama may carry a jail term of up to one year. This is unlike other infractions, especially felonies, which may lead to severe punishment, such as life imprisonment or the death penalty.

Common examples of misdemeanors in Alabama include petty theft of modest value, simple third-degree assault, or cruelty to animals. It also includes driving under the influence (DUI) when classified as a misdemeanor (depending on circumstances).

Misdemeanor Classes and Penalties in Alabama

In Alabama, misdemeanors are classified into three levels: Class A, Class B, Class C, or unclassified violations.

• Class A misdemeanors are the most serious class of misdemeanors. It carries a maximum of one year in county jail and a fine of up to $6,000.
• Class B misdemeanor offenders may be punished by up to six months in county jail and fined up to $3,000.
• Class C misdemeanors carry a maximum sentence of up to 3months in county jail. It also attracts a maximum fine of up to $500. In addition to jail time and fines, the court may impose probation, community service, restitution, or other conditions depending on the statute and case.

Repeat offenses may result in enhanced penalties, depending on the statute under which the offense is charged. The presence of some aggravating factors (such as the use of a weapon, bodily injury, or repeat DUI) may cause some misdemeanors to become felonies.

Misdemeanor Court Process in Alabama

The court process for misdemeanors in Alabama typically follows these steps:

• Arrest and Booking: The individual is arrested by law enforcement officers. They are processed at detention centers ot sheriff's offices and issued a citation for the misdemeanor offense.
• Initial appearance/arraignment: The defendant is brought before the court, where bail or release conditions are set by the judge. Then, the defendant is formally charged and enters a plea (guilty, not guilty, or no contest).
• Plea negotiations or pre-trial motions: The defense may negotiate with the prosecutor for a plea to a lesser charge or a reduction in penalty. A public defender (court-appointed counsel) is provided if the defendant cannot afford an attorney.
• Trial (if not pleading guilty): If the defendant pleads not guilty and does not reach a plea agreement, the case may proceed to trial before a judge (and in some cases, a jury).
• Sentencing: If the defendant is found guilty or pleads guilty, the court imposes a sentence. It may include imprisonment (in county jail), fines, probation, restitution, community service, or other conditions prescribed by the court.
• Post-conviction rights: If convicted, the defendant may face collateral consequences such as limitations on employment, professional licensure, or driving privileges. They may appeal their case to a higher court.

Misdemeanor Records in Major Alabama Cities

In Alabama's major cities, misdemeanor cases are handled in local courts (Municipal Courts, District Courts, or Circuit Courts) depending on the jurisdiction and severity of the offense. These courts maintain dockets and records, which vary by county. Examples include:

• In Birmingham (Jefferson and Shelby County), misdemeanors may be heard in the Jefferson County District Court or the Birmingham Municipal Court. Individuals may access some records via online portals or in-person requests at the clerk's offices.
• In Montgomery, offenses are generally processed through the Fifteenth Circuit Court of Alabama, located in Montgomery County. The clerk's office handles case filings, scheduling, fines, and jail commitments.
• In Mobile City, similarly, the Municipal Court and the Thirteenth Circuit Court of Alabama handle misdemeanor prosecutions. The clerk's office maintains court records and, in many cases, offers online payment of fines.

How to Search for Misdemeanor Records in Alabama

Records may display the charge, the hearing date, the plea or trial result, sentencing outcome, fines imposed, jail term, probation status, and whether payment is complete. To locate misdemeanor records in Alabama, individuals may contact the following:

• Court Portals: The Alabama Judicial Branch offers on-demand access to State Trial Court Records. This platform enables individuals to access criminal records, including misdemeanors, from courts in different counties.
• Local Law Enforcement Agency: Individuals may reach out to the police department or sheriff's office where the crime took place.
• Circuit Court Clerk's Office: The Circuit Court Clerk maintains court records, including misdemeanors. Individuals may visit them in person or access their websites to view court records.
• Third-party public record tools: In addition to court websites, some private public record aggregators may provide access to misdemeanor records from Alabama courts.
• Alabama Criminal Records Search Tool: With this tool, individuals may request criminal background information, which may contain misdemeanor charges for an offender.

How Long Does a Misdemeanor Stay on Your Record in Alabama?

In Alabama, there is no automatic expiration of misdemeanor records simply due to the passage of time. A conviction remains part of an individual's criminal history unless it is expunged or sealed.

Under Alabama's expungement law, certain misdemeanor convictions are eligible for expungement if the criteria are met:

• The individual has completed all probation or parole requirements and has paid all fines and costs, or made restitution.
• At least three years have passed since the date of the misdemeanor conviction.
• The conviction is not a violent offense, a sex offense, a "serious traffic offense", and the offense was not committed while driving a commercial vehicle.

If eligible, an individual may file a petition in the circuit court in the county where the case originated. Once expunged, the public record is treated as though it never occurred (with some exceptions for law enforcement agencies).