Cleburne County Arrest Records

An arrest record is evidence that a person was arrested by law enforcement and taken into custody. Among other reasons, an arrest may happen if a person is suspected of committing a crime or violating a court summons or order. Arrest records are created during the "booking process" at the detention center during the arrestee's intake into custody. A person's arrest record typically contains their identification information, the circumstances surrounding the arrest, the alleged charges, and the name of the arresting agency/officer.

Arrest records may be created by the sheriff's office or city police departments, though the sheriff's office functions as the county's primary custodian for such records. If an arrested person is taken before a court or their arrest was sanctioned by an arrest warrant, information about that arrest is usually available in the corresponding Cleburne County court record. Other agencies that may maintain an arrest database include the Arkansas State Police and the Department of Public Safety.

Are Arrest Records Public in Cleburne County?

Yes. Arkansas operates within the parameters of the Freedom of Information Act (FOIA), which maintains that public records shall be open to inspection and copying by citizens of the state during an agency's business hours. Cleburne arrest records fall under "public records", as defined by the FOIA, and are subject to the provisions of this act. Per the FOIA, an agency has up to three days to respond to a record request, and they may only charge a requester for the actual cost of copying a requested record and any incurred mailing costs.

However, access to certain arrest records is restricted by specific exemptions under the FOIA and other laws specifically enacted to protect certain information for legitimate reasons. Exempt records may only be released to the record subject or their attorney. Exemptions include the following:

• Undisclosed investigative records on suspected criminal activity
• Inmate medical records and mental health evaluation reports
• Expunged records
• Identifying information about undercover officers and confidential informants
• Victim information.

What Do Public Arrest Records Contain?

One should expect to find the following information when perusing an arrest record:

• Relevant arrestee identification information (name, age, sex, race, height, eye color, weight, hair color)
• Booking information (date, time, number)
• Offense information (description, nature, and degree)
• Mugshot
• Name of arresting agency
• Bond information
• Custody status

Cleburne County Arrest Statistics

Arrest statistics available on the FBI Crime Data Explorer (CDE) website show that 175 arrests were recorded by the Cleburne County Sheriff's Office in 2023. Simple assault was most prevalent, with 50 cases, making up 29% of the total number of arrests. Other notable cases included aggravated assault (35), drug/narcotic offenses (32), driving under the influence (16), burglary (3), liquor law violations (5), and larceny (1).

Find Cleburne County Arrest Records

Individuals arrested in Cleburne County are held at the Cleburne County Sheriff's Detention Center. The Cleburne County Sheriff's Office oversees the operations of this facility and is responsible for booking inmates into the facility and maintaining their arrest records. Information about past and current inmates can be viewed using an online portal provided by the sheriff's office. Only the inmate's full name is required to perform a search.

Inmate information may include mugshot images, inmate's full name, sex, ethnicity, age, name of arresting agency, arrest date, city of arrest, charge, bond amount, offense class, and release date. Further inquiries should be directed to the sheriff's office in person at:

914 South 9th Street
Heber Springs, AR 72543
Phone: (501) 362-8143

Statewide arrest records may also be obtained during a criminal background check with the Arkansas Department of Public Safety. However, this service is only available to authorized entities, such as those with the consent of the record's subject. Fees for this service vary with the type of request, but are within the range of $11.00 to $22.00 per request.

Free Arrest Record Search in Cleburne County

The Freedom of Information Act maintains that record custodians should only charge requesters the actual cost of duplicating a requested record. However, an agency may charge minimal nominal fees for this service. The sheriff's online inmate search tool is free. The court where a case was filed usually maintains court records that may furnish a researcher with relevant arrest information. Requests to the court typically require the full name of a defendant and the case number.

Many third-party aggregate websites also exist for free arrest record searches, although in-depth arrest reports are usually restricted behind a paywall. Nevertheless, these tools are quite impressive and searches are often name-based. In any case, verify any information obtained against official sources, as certain information may be incomplete or outdated.

How Long Do Arrests Stay on Your Record?

Indefinitely. However, people who meet certain requirements may expunge their records. Technically, expungement does not destroy a record. It only keeps them hidden from the public. Regardless, certain authorized entities are permitted by law to access expunged records.

Expunge Cleburne County Arrest Records

Under Arkansas Law, expungement is an official process that removes a person's arrest records from public access. Expunged records are not physically destroyed. They are sealed and treated as confidential. Arrests where a defender was found guilty of certain crimes, like sexual assault against a victim less than 18 years, are not eligible for expunction. To be eligible for expungement:

• The charges against the defendant must have been dismissed or dropped
• The defendant must be acquitted at trial (ARC § 16-90-906)
• The defendant was convicted of a misdemeanor offense (although exceptions exist where a waiting period of 5 years must have elapsed since the person completed their sentence)
• Non-violent felonies where the offender was below 18 years when the crime was committed

Persons who meet the requirements for an expungement should start by filing a petition to seal their record in the court where the charge(s) associated with their arrest was charged. Information required to complete the expungement petition form may be obtained via a criminal background check. After the petition is filed, the court will send a copy each to the prosecuting attorney and the arresting agency. This is usually followed by a 30-day window within which any person may file objections.

In the absence of any opposition, the court may grant the petition and issue an expungement order. If there is an objection, the court will conduct an expungement hearing where the petitioner and the opposition must appear before a judge. If the judge finds no grounds to deny the petition, it shall proceed to sign the petition order, which shall be sent to all agencies named in the order to have the designated records sealed.

Expunged arrest records are only accessible by the record's subject and their attorney. Under Arkansas law, certain employers may access a person's expunged records. For instance, a person's record may be released to an employer if they apply to work as a daycare worker, teacher, an employee of a criminal justice agency, or a nursing home employee. Furthermore, a prosecuting attorney may request access to a person's records if they are prosecuted for another crime in the future.

Cleburne County Arrest Warrants

A Cleburne County arrest warrant is a writ issued by a judge, directing a peace officer (any law enforcement officer) to arrest the individual named on the warrant and bring them before the issuing authority (ARC § 16-81-104). In Arkansas, an arrest warrant may only be issued based on probable cause and in the name of the state. The issuing authority may be a District, Magistrate, or Circuit Court judge.

The arrest warrant must describe the charges for which a suspect is being arrested, name the suspect (or other information that can aid identification with reasonable certainty), contain the name of the issuing judge or magistrate, include the date of issuance, and command officers to make an arrest.

Do Cleburne County Arrest Warrants Expire?

No. Cleburne County arrest warrants do not expire until the suspect has been arrested. Furthermore, there is no statute of limitation for arrest warrants issued in Arkansas. An unexecuted arrest warrant only ceases to be functional if the charge against the suspect is dropped or the issuing judge or magistrate recalls the warrant. Nevertheless, a suspect may turn themself in as a good-faith attempt to resolve the warrant and avoid arrest. In any case, they must assure the issuing authority that they will appear in court.