Arkansas Arrest Records
Arkansas arrest records are documents that provide an official account of the apprehension and detention of an individual within state limits. These records provide details regarding the event that resulted in the arrest and the arrestee's identity. Occasionally, the document includes a description of the victim of the crime (if applicable). Arkansas arrest records are created during the booking process for individuals brought into custody by state law enforcement.
These records usually contain the following information:
- Detainee ID
- Age at booking
- Race
- Physical characteristics( height, weight, hair color)
- Arresting agency
- Arrest location
- Booking date
- Booking time
- Possible charges (if applicable)
Are Arrest Records Public in Arkansas?
Yes, arrest records are public in Arkansas. The Arkansas Freedom of Information law permits members of the public to access documents maintained by government-run establishments and agencies, including arrest records. However, this is provided the person requesting the records is not a person who is or has been incarcerated.
The Arkansas Criminal Records Act Ark. Code Ann. § 12-12-150 also gives the Arkansas State Police the authority to provide criminal history information to requesters without the subject's written consent. Notwithstanding, the provisions of the law are not absolute, and disclosure is subject to some limitations and exceptions. For example, juvenile arrest records are restricted from public access per Arkansas § 9-27-309 confidentiality laws.
How Do I Look Up Arrest Records in Arkansas?
To lookup arrest records in Arkansas, inquirers may query any of the following custodians:
- **Local County Sheriff's Offices: **Interested persons may find arrest records in Arkansas by querying local law enforcement offices. Requests may be made online or at their physical address. However, inquirers may need to confirm the arresting agency's address and obtain an appointment before their visit. In Washington County, inquirers may obtain arrest information by viewing the County Sheriff's Office Detention Intake Report List available on the department's official site.
- City Police Departments: Arkansas police departments also process online or in-person arrest record requests. For example, the Fort smith police department facilitates public records requests for police arrest records through a dedicated web page. To submit an online request, individuals must sign up for an account using their personal information. The police arrest records are usually sent to the requestor via mail.
- Arkansas State Police: Through the Arkansas State Police (ASP), inquirers can obtain Arkansas Arrest Records by requesting a person's criminal history. As the state's central criminal record repository, the ASP keeps a database that includes arrest records from several law enforcement organizations across Arkansas. If eligible, interested parties can use the Online Criminal Background Check System (OCBCS) to request a criminal record and acquire arrest information from the ASP. Alternatively, they can mail or deliver the completed ASP-122 form in person.
- Arkansas Department of Public Safety: The Arkansas Department of Public Safety provides access to accurate criminal history information, including arrest records, through the Arkansas Criminal History (ARCH) system. Requestors will need to provide the subject's full name to perform a search. Every search is subject to a non-refundable fee of $24.00. Requesters can view and print the result for any** identified subjects at no additional cost if the subjects are determined by the information they submit.**
- The Criminal Justice Information Services Division of the FBI accepts written requests for a minimal fee of $18 from citizens of Arkansas seeking a national search of arrest records. The FBI does not distribute copies of arrest records to anyone other than the subject of the record.
Free Arrest Record Search in Arkansas
To perform a free arrest record search in Arkansas, interested persons may use the sheriff's department and city police arrest record portals and detention lists. These information portals are usually updated daily with information about arrests that have taken place within a particular jurisdiction. These portals can be accessed for free using the name of the arrested person, and, occasionally, their booking number or ID.
How Long Do Arrests Stay on Your Record in Arkansas?
Arkansas arrest records remain on file forever. Even when the case is dismissed, or the person is found innocent, records of their apprehension remain part of their criminal history unless the document is sealed or expunged. There is no general retention schedule for arrest records in Arkansas. The Government institution holding the arrest record determines how long they can hold the documents, with courts and state police holding arrest records for as long as 50 to 80 years.
How to Seal Arrest Record in Arkansas
The process of sealing arrest records in Arkansas is officially called expungement. When a record is expunged, it is sealed and handled with confidentiality; however, it won't be physically destroyed. To be eligible to have an arrest record expunged or removed in the state of Arkansas, the record holder must:
- Have entered a guilty plea or nolo contendere (no contest);
- Been sentenced in accordance with an Arkansas law that permits expungement;
- Must have fulfilled all of their probation requirements. They cannot also have a history of felony convictions before seeking expungement.
Eligible persons may petition to have their records expunged if they satisfy the state's eligibility requirements.
Petitions for the order to seal must be filed with the district or circuit court of the county where the crime was committed. Upon filing, a copy of the petition should be forwarded to the arresting agency and the prosecutor. Within 30 days of filing the petition, anyone opposed to having the record sealed must submit a notice of opposition to the court. The reason they do not want the record sealed must be stated. If no one objects, the court may grant the petition without holding a hearing. However, the court will schedule a hearing if a notice of opposition is submitted. If the judge decides the record should be sealed, they will sign the order to have it removed. Consequently, sealed Arkansas arrest records will be accessed by:
- The subject of the record or their attorney;
- An employer, if the records owner applies for a sensitive job such as a teacher or nursing home employee;
- The Arkansas Crime Information Center;
- If someone is being prosecuted for a different offense, the prosecuting attorney may ask to see sealed documents.
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