Stokes may be sidelined for the trip to Australia after being arrested in the early hours of September 25 on suspicion of causing actual bodily harm during a night out in Bristol in September.
The all-rounder was released under investigation and Hales was with his England team-mate when they were involved in an altercation with several men.
After being interviewed by police, Hales was told he is not under investigation and his lawyer Ian Kelcey told the BBC he is not expecting the batsman to face further action.
Hales and Stokes were both stood down from international duty after footage of the incident came to light, with the pair missing England's final two one-day internationals against the West Indies.
Hales is not part of England's Test squad but, as one of the world's top limited-overs players, he will be in demand this winter.
The 28-year-old is due to play in South Africa's new Twenty20 league next month as well as a tournament in Sharjah in December, while he is also sure to attract suitors for Australia's Big Bash.
First Published: October 8, 2017, 10:52 AM IST