Arkansas Arrest Records
Arkansas Arrest Records are comprehensive documents that contain important information about individuals arrested within the state. These records prove that someone was accused of committing a crime. Thus, it is typically necessary for criminal prosecution and is public information.
Arrest records in Arkansas typically include essential details related to an arrest, such as the person's full name, date of birth, physical description, mugshot, and fingerprints. They also provide information about the offense's nature, the arrest's date and location, and any charges or convictions associated with the arrest.
Additionally, these records may contain details about warrants, court orders, and other relevant legal actions.
While an arrest record is not the same as an Arkansas criminal record, its presence and the fact that it is a public record may impair one's quality of life, including restricting access to fair housing, employment, and more.
These records can be accessed for various purposes, such as background checks, employment screening, and legal proceedings. By allowing individuals to access this information, the public can make informed decisions about personal safety and the safety of their communities.
Employers, for instance, often utilize these records to ensure that potential employees do not have a history of violent or illegal behavior that could risk the workplace or the company's reputation.
The primary law governing the accessibility of arrest records in the state is the Arkansas Freedom of Information Act (FOIA).
Under the Arkansas FOIA, individuals can access public records, including arrest records, held by government agencies. However, there are certain exemptions and restrictions on releasing information. For example, records from an ongoing investigation or those involving juveniles may be exempt from disclosure.
What Laws Govern Arrests in Arkansas?
The primary law governing arrests in Arkansas is in Title 16, Subtitle 6, Chapter 81 of the Arkansas Code. This chapter, also known as the "Criminal Procedure," provides guidelines for law enforcement officers and private citizens regarding arrests.
Certified law enforcement officers in Arkansas have the authority to make arrests in various situations. Under normal circumstances, an officer can arrest an individual without a warrant if there is probable cause to believe that person has committed a felony. Probable cause is an adequate reason to think that a crime has occurred or is about to happen based on facts.
In Arkansas, a certified law enforcement officer can also arrest a person for a misdemeanor without a warrant under specific circumstances. For example, if the officer has probable cause or reasonable grounds to believe that the person has committed battery against another person and discovers evidence of bodily harm, they can make an arrest.
When a court has issued a warrant, the officer can execute the arrest by taking the person into custody. It usually occurs when the court has determined sufficient evidence to justify an arrest.
Still, even without a warrant, an officer can arrest an individual if they witness the commission of a felony or misdemeanor, have probable cause to believe a felony has been committed, or possess an arrest warrant from another jurisdiction.
Under specific circumstances, private individuals in Arkansas also have the authority to make arrests. The Arkansas Code allows any person to arrest without a warrant if they witness the commission of a misdemeanor or felony or have reasonable grounds to believe the commission of a felony.
What Is the Arrest Booking Process in Arkansas?
In Arkansas, the arrest booking process is a crucial procedure law enforcement agencies follow to document and process individuals taken into custody.
When law enforcement officers arrest an individual in the state, they subject them to a series of steps that ensure their identification, record the details of their arrest, and create their Arkansas Arrest Records for legal purposes.
Below are the typical steps in the Arkansas arrest booking process:
Identification and Documentation
Upon arrest, the law enforcement officer begins by collecting essential information from the individual. It includes their full name, date of birth, physical description, and identifying marks or tattoos. The officer also records the person's address and contact details.
Furthermore, the officer takes a photograph, commonly known as a mugshot, to document the individual's appearance at the time of the arrest.
Fingerprinting
After the initial identification, the arrested individual undergoes the process of fingerprinting. This step involves capturing the individual's fingerprints electronically or using traditional ink and paper methods. The fingerprints are then carefully documented and stored as part of the arrestee's official record.
Personal Property Inventory
Once the law enforcement officer completes the identification and fingerprinting procedures, they proceed to inventory the personal belongings of the arrested person. This step entails conducting a thorough search and cataloging of any items found in the individual's possession at the time of arrest.
Valuables, such as money or jewelry, are typically placed into secure storage for safekeeping until the person's release.
Health Screening
The law enforcement officer conducts a health screening to ensure the safety and well-being of the arrested person and the correctional facility. They examine the detained individual for any immediate medical concerns or potential risks.
This step includes assessing the individual's overall health, checking for injuries, and screening for infectious diseases. The screening may encompass X-rays and blood tests.
Detention Facility Placement
After completing the initial processing steps, authorities transfer the arrested individual to a suitable detention facility. This facility may include a county jail, a holding cell, or a designated location. The decision regarding the placement of the individual is determined by factors such as the nature of the offense, available space, and other relevant considerations.
Bail Determination
In Arkansas, the next step after detaining the arrested person to a holding cell is determining whether the person is eligible for bail. A judge or magistrate reviews the case and considers factors such as the severity of the offense, the individual's criminal history, and the likelihood of flight or danger to the community.
Based on this assessment, a decision is made regarding the amount of bail or whether the person will remain in custody until their court appearance.
Court Appearance Notification
After the bail determination, the law enforcement officer informs the arrested individual of their upcoming court appearance. They provide a written notice that includes the hearing's date, time, and location. This notification ensures that the individual is informed of their rights and can adequately prepare for their legal proceedings.
After the Arrest Booking Process
Following the completion of the arrest booking process, the individual awaits their court appearance while in custody or upon release on bail. They may consult legal counsel to build their defense strategy, gather evidence, and understand the charges against them.
The court process then proceeds, where the individual's guilt or innocence is determined based on the evidence and legal arguments.
What Are Arkansas Mugshot Records?
Often included in the Arkansas Arrest Records, mugshot records in Arkansas, as in other states, refer to the photographs taken at the time of an individual's arrest. Law enforcement agencies typically take these photographs during the booking process due to alleged involvement in criminal activities.
Mugshots capture a frontal and side profile of the arrested person's face. They may contain various information, such as the arrested person's full name, date of birth, gender, race, height, weight, and physical characteristics like tattoos or scars.
The records also include details about the arrest, such as the incident's date, time, location, and specific charges filed against the individual. In some cases, additional information, such as the arresting officer's name and the bail amount, may also be available.
By making these records accessible, it becomes possible to identify patterns, track repeat offenders, and ensure that justice is fair and impartial. It gives the public confidence that law enforcement agencies and the judicial system are working diligently to maintain order and protect the community.
A valuable starting point in the search for mugshots is to visit the websites of law enforcement agencies that made the arrest or the Sheriff's Offices in Arkansas.
Many county Sheriff's Offices, like the Greene County Sheriff's Office and Columbia County Sheriff's Office, maintain inmate rosters on their websites, allowing public access to arrest records and corresponding mugshots. These rosters include the inmate's personal information, booking details, charges, and bail amount.
It is worth noting that not all mugshots are accessible to the public to safeguard certain offenders' privacy.
How Long Does an Arrest Record Stay in Arkansas?
In Arkansas, an arrest can have long-lasting effects on someone's public record. Unlike some states, Arkansas doesn't have time limits or automatic destruction of arrest records. It means that an arrest record will likely stay on file forever.
But it's important to note that state law allows for expunging or sealing certain arrest records. In Arkansas, expunging or sealing a record doesn't completely destroy it, but it provides some protection from public scrutiny. When a record gets expunged or sealed, it becomes inaccessible to most individuals or organizations with access to public records.
How To Expunge an Arrest Record in Arkansas
Having an arrest record can significantly impact one's life, affecting employment opportunities, housing options, and personal reputation. Fortunately, Arkansas provides a legal process known as expungement, which allows individuals to have their arrest records sealed or destroyed.
Expunging an arrest record can offer a fresh start and help individuals move forward without the burden of past mistakes. However, not all Arkansas Arrest Records are eligible for the Arkansas expungement.
Eligibility Criteria in Expunging Arrest Records in Arkansas
Before proceeding with expungement, individuals must determine if they meet the eligibility requirements set by Arkansas law. Generally, individuals must meet the following conditions to expunge their arrest records in Arkansas:
- The arrest did not lead to a conviction
- The arrest resulted in an acquittal
- The court dismissed the charges without further action
- The case received a nolle prosequi entry
- The individual completed a pretrial diversion program
If the arrest record resulted in a conviction, individuals must have completed their sentence, including any probation or parole period, before becoming eligible for expungement. It means fulfilling all court-ordered obligations, such as paying fines, restitution, or completing community service.
In addition, Arkansas law establishes a waiting period before one can apply for expungement. The length of the waiting period depends on the severity of the offense. For most eligible offenses, the waiting period is five years.
Generally, non-violent misdemeanor convictions, such as petty theft, drug possession, DUI (driving under the influence), and public intoxication, are eligible for expungement in Arkansas.
Certain non-violent felony offenses, including drug offenses, white-collar crimes, forgery, and theft, may also be eligible for expungement in Arkansas.
However, Arkansas expungement does not apply to certain conviction records. These records include sexual offenses involving victims under 18 years old, manslaughter offenses, Class Y felonies, Class A or B felonies (excluding drug offenses), unclassified felonies with maximum sentences exceeding ten years, and other violent felonies.
Process in Expunging an Arrest Record in Arkansas
To initiate the expungement process, individuals must gather all pertinent documents relating to their arrest and subsequent legal proceedings. These documents may encompass arrest records, court documents, dismissal orders, or completion certificates from diversion programs.
Once individuals have gathered the necessary documentation, they must proceed to complete the petition to expunge or seal the record accurately. One can obtain this document from the county court where the arrest occurred, the Arkansas courts' official website, or through this forms page of the Arkansas Crime Information Center (ACIC).
After completing the required form, one must file it along with all relevant documents with the appropriate county court. Additionally, individuals must pay the filing fees, which may vary depending on the county. In cases of financial hardship, fee waivers may be available.
Once the petition is filed, the petitioner or their representative will be responsible for sending copies of the filed petition to both the prosecutor and the arresting agency. Anyone who objects to the petition must file a notice of opposition with the court within 30 days of the petition filing.
The Arkansas court can grant the petition without a hearing if there is no opposition. However, if there is opposition, a hearing will be scheduled.
On the hearing date, individuals must attend the court hearing prepared to present their case. Seeking the assistance of an attorney who specializes in expungement cases is recommended to ensure proper representation and improve the likelihood of a successful outcome.
The judge will review the evidence presented after the hearing and decide on the expungement request. If the judge grants the expungement, the individual's arrest records will be sealed or destroyed. Consequently, they can legally state that they were not arrested or charged for the expunged offense.
How To Search Arkansas Arrest Records
One of the primary avenues for accessing arrest records in Arkansas is through the state's law enforcement agencies.
Retrieving or obtaining an arrest record from the police is a simple process that involves finding the contact information of the relevant agency to make an inquiry or visiting the agency's physical location to review the information. This method often requires the requester to pay a nominal fee to the agency to obtain the arrest record.
Alternatively, individuals can conduct online arrest record searches through the official websites of county sheriffs. Some Sheriff's Offices may provide access to recent arrests on their websites, allowing interested parties to obtain the desired information remotely. Though this method is free, the information provided may have limitations.
Another method to search Arkansas Arrest Records is requesting someone's criminal record from the Arkansas State Police (ASP). The ASP serves as the state's central repository for criminal records and maintains a database encompassing arrest records from various law enforcement agencies throughout Arkansas.
To request a criminal record and obtain arrest information from the ASP, qualified parties can use the Online Criminal Background Check System (OCBCS) or submit a completed ASP-122 form via mail or in-person delivery.
The cost of requesting a criminal history from the ASP varies depending on the type of record required. State name-based record requests typically incur higher fees than fingerprint-based. Also, note that the mail application carries a higher price per request than using the OCBCS.
Furthermore, qualified parties can request someone's criminal history from the ACIC of the Arkansas Department of Public Safety to obtain arrest information. To do so, one must utilize the center's Arkansas Criminal History (ARCH) system. Access to this platform requires a non-refundable fee per search, payable through a debit or credit card.
Counties in Arkansas
- Arkansas
- Ashley
- Baxter
- Benton
- Boone
- Bradley
- Calhoun
- Carroll
- Chicot
- Clark
- Clay
- Cleburne
- Cleveland
- Columbia
- Conway
- Craighead
- Crawford
- Crittenden
- Cross
- Dallas
- Desha
- Drew
- Faulkner
- Franklin
- Fulton
- Garland
- Grant
- Greene
- Hempstead
- Hot Spring
- Howard
- Independence
- Izard
- Jackson
- Jefferson
- Johnson
- Lafayette
- Lawrence
- Lee
- Lincoln
- Little River
- Logan
- Lonoke
- Madison
- Marion
- Miller
- Mississippi
- Monroe
- Montgomery
- Nevada
- Newton
- Ouachita
- Perry
- Phillips
- Pike
- Poinsett
- Polk
- Pope
- Prairie
- Pulaski
- Randolph
- Saint Francis
- Saline
- Scott
- Searcy
- Sebastian
- Sevier
- Sharp
- Stone
- Union
- Van Buren
- Washington
- White
- Woodruff
- Yell