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Under The Freedom of Information Act (FOIA), Title 5 of the United States Code, section 552, any person has the right to request access to public records: criminal records, arrests & warrants, inmate records, vital records & more.

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How to Find and Research Arrest Records

Begin your arrest records search by going to your state's judicial branch website. You should search court records because not all arrests result in a conviction which would show up under a criminal records search. Arrests that resulted in even one court appearance will be available through the court records search. Court records are also known as dockets, so you may conduct a docket search under certain circumstances.

If an online search does not find the information you need but you're sure an arrest has taken place, go to the courthouse. Many district courthouses offer electronic terminals on site where you can search for information about state arrest records or city arrest records. These terminals are easy to use and you may pay the small fees incurred via credit card.

If the courthouse does not offer electronic arrest records searches through an on site terminal, you will need to go to the Clerk of Courts with your information to request arrest records. Local law enforcement may also store arrest reports; see the police or sheriff's administrator for those types of searches.

Using Incident or Police Blotter Reports to Search for Arrest Records

If you find that arrest records are not available, you may request what is called “police blotter” “incident report” information. The police blotter records every call the police respond to, the time of day and circumstances, names of the people involved (unless protected by privacy laws), details of arrests and warrants, and any known hearing dates if a citation was issued.

Incidence reports are public records unless revealing that information would endanger an ongoing investigation. You must know at least the date and the parties involved to successfully perform a police blotter arrest records search.

Costs Associated with Arrest Records Searches

Arrest records and criminal records are public information and there is no fee to actually conduct a search. However, there will be fees for photocopying paper documents, providing electronic media, or to access online databases. These fees are nominal and costs are strictly limited by state laws.

Each state provides that public records must be publically accessible during courthouse hours. The Clerk of Courts or law enforcement administrator must respond to your request promptly but has a certain number of days to provide the information you are requesting (usually 10 working days). The only charges for a clerk search should be copy costs.

Accuracy of Arrest Records Information

Most states will warn you that an online search of arrest records is provided as a service and they do not guarantee that you are viewing an official court record. However, the information you will find in an arrest records search will probably be accurate because these are records law enforcement uses on a daily basis.

In addition, online searches are limited by privacy laws to presenting only the most basic information about an arrest. Not all documents or crimes are covered under these free online searches. To obtain the most detailed arrest records, you must go to the county courthouse where the arrest took place and ask the clerk to release county arrest records information to you.

Information You Will Not Find During an Arrest Records Search

You will not find the current address of someone who has been arrested through an online search, but an on-site search at the courthouse may give you that information. You will find the crime that the person was arrested for but will not find the charges eventually brought against the person; this requires a more detailed search of court documents.

The Violence Against Women Act prevents law enforcement from giving out information about victims of domestic abuse or harassment. Because of this, arrest records for those types of crimes may be restricted from online viewing. Court records you obtain through the Clerk of Courts will be more complete without revealing personal details about victims.

Arrest records for suspected sex crimes will also be incomplete until the person is actually convicted of a sex crime. At that time, some criminals are required to become registered sex offenders, which means their personal details and current locations are a matter of public record and accessible through sex offender registry searches. Arrests that do not result in a conviction or that result in conviction for a lesser crime may not show up during an arrest records search.

You will also not find arrest records for crimes that are minor such as most traffic violations. These types of crimes usually result in a citation, not an arrest, and as a result there will be no arrest records for Class C misdemeanors or less. You must know the type of crime the person was charged with in order to get accurate results from your arrest records search.



 

 

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