In both the state and federal criminal justice systems, criminal records of arrests, convictions, and other proceedings are generally open to the public. There are limited circumstances under which criminal records may be expunged (deleted). And in some circumstances, criminal records that are not eligible for expungement or expunction may be eligible for sealing or nondisclosure—usually by a court order. If a criminal record is sealed, private parties generally cannot release or access the records, but government agencies—including the police, licensing boards, and other agencies—may access the records. Sealed court records may also be admissible in some court proceedings.

Some documents in a criminal record are not ordinarily available to the public—such as unexecuted summonses or warrants; pretrial bail and presentence reports; juvenile records; documents containing information about jurors; and documents such as expenditure records that might reveal the defense strategies of court-appointed lawyers.

And in some circumstances judges have the authority to seal additional documents or to close hearings that would ordinarily be open to the public. Reasons for such actions can include protecting victims and cooperating witnesses or informants from retaliation; avoiding the release of information that might compromise an ongoing criminal investigation or a defendant’s due process rights; and protecting classified information affecting national security.

Federal judges rarely seal criminal arrest or conviction records. And laws regarding the circumstances under which criminal records may be sealed in a state court criminal prosecution vary from state to state. The state laws governing the sealing or nondisclosure of criminal records are usually located in a state’s statutes.

In Alabama, criminal records, including arrests, convictions, and other proceedings, are generally public. However, Alabama law does provide for the expungement of certain criminal records under specific conditions, such as for non-violent misdemeanors, traffic violations, municipal ordinance violations, and some non-violent felonies, provided that certain criteria are met. Expungement in Alabama means that the record is 'deemed never to have occurred,' and the records are removed from public access. However, expunged records may still be used by law enforcement and judicial system for certain purposes. If a record is not eligible for expungement, Alabama law may allow for the record to be sealed, which restricts public access but allows certain government agencies to see the information. Sealing is less common than expungement and typically requires a court order. Certain records are not available to the public, such as juvenile records, unexecuted warrants, and documents that could reveal sensitive information like defense strategies or juror information. Judges in Alabama also have the discretion to seal additional documents or close hearings to protect the privacy of victims, witnesses, ongoing investigations, the defendant’s due process rights, or national security. Federal judges have limited authority to seal criminal records, and the circumstances under which records may be sealed vary significantly between federal and state jurisdictions.