Independence County Arrest Records

The A.C.A. § 16-81-106 authorizes law enforcement officers or authorized private persons to make arrests in Independence County for justifiable reasons. The alleged offender is booked and placed in a holding cell following an arrest. The arresting officer oversees the criminal procedure, culminating in a guilty or not guilty verdict at sentencing. All arrest and criminal proceedings are thoroughly documented and made available to the public on request. The Independence County Sheriff’s Office maintains these records and disseminates them to members of the public as required by Arkansas law. Additionally, the court where the case was tried documents subsequent judicial proceedings within Independence County court records, which are also made available to the public.

Are Arrest Records Public in Independence County?

Yes. Under the Arkansas Freedom of Information Act (FOIA), arrest records are generally open to the public. This law allows the inspection and copying of most arrest records maintained by the Independence County Sheriff’s Office and the Batesville Police Department. However, access to certain confidential records, such as juvenile arrest records, arrestees’ medical records, and personnel records whose release would invade personal privacy, may be restricted. Records that would reveal the identity of undercover law enforcement officers are also exempt from public disclosure.

What Do Public Arrest Records Contain?

Members of the public can typically find the following details in Independence County arrest records:

• The arrestee’s mugshot and full name
• Age, gender, race, and address
• Booking number
• The arresting agency’s name
• Charges and bond amount

Independence County Arrest Statistics

The Arkansas Crime Information Center (ACIC) compiles annual arrest statistics from law enforcement agencies statewide. According to the 2023 report, the Independence County Sheriff’s Office and Batesville Police Department made approximately 119 arrests. Of those arrests, around 107 involved adults, and 12 involved juveniles.

Find Independence County Arrest Records

The Arkansas Division of Correction (ADC) operates various facilities across the state and maintains an online Inmate Search portal. Individuals who prefer searching online can use the portal to find arrest information by entering an ADC number, last name, first name, gender, age, or race. Results can be filtered by county, facility, or offense category. Users may also download a full inmate database through the Information Network of Arkansas (INA) for a fee of $0.10 per record.

Independence County arrest records may also be available from federal law enforcement agencies. Organizations such as the United States Capitol Police (USCP), U.S. Immigration and Customs Enforcement (ICE), and the Federal Bureau of Prisons (BOP) often provide arrest records online or in person at their offices. However, some agencies, like the Federal Bureau of Investigation (FBI), only release arrest records to the person named in the record.

Free Arrest Record Search in Independence County

Individuals can access some Independence County arrest records for free on the Independence County Sheriff’s Office website. By clicking the “Inmate List” menu at the top of the homepage, users can view basic arrest information for current county jail inmates. Third-party websites may also offer access to arrest records; however, they might charge a fee for more detailed information.

How Long Do Arrests Stay on Your Record?

In Independence County, arrest records typically remain on file indefinitely. However, the Sheriff’s Office Record Retention Schedule (A.C.A. § 13-4-401) outlines specific retention periods for certain records. For instance, jail booking records and dispatch reports must be retained for five years (A.C.A. § 13-4-404).

Expunge Independence County Arrest Records

Expungement under A.C.A. § 16-90-1404 removes a person’s arrest records from public view. It does not mean the physical destruction of those records. Anyone who meets the criteria outlined in the Comprehensive Criminal Record Sealing Act can petition an Independence County court for expungement. Eligible individuals should file one of the following petitions with either the Independence County Circuit Court or District Court:

• Petition to Seal Arrest
• Petition to Seal Felony
• Petition to Seal Misdemeanors
• Petition to Dismiss and Seal First Offenders
• Petition to Seal Misdemeanor (driving or boating while intoxicated)
• Petition to Dismiss and Seal Offense in Pre-Adjudication Drug Court
• Petition to Dismiss and Seal Offense in Post-Adjudication Drug Court
• Petition to Seal Conviction for Possession of Controlled or Counterfeit Substance
• Petition to Seal Records of a Pardoned Offender or Pardoned Youthful Felony Offender
• Petition to Seal Records of Nolle Prosequi, Dismissals, Judgments of Acquittal, and Charges Not Filed

After receiving the petition, the court will forward a copy to the prosecutor and the arresting agency. If there is no opposition within 30 days, the court may grant the petition without a hearing. However, a hearing will be scheduled if the prosecution or arresting agency opposes the expungement. If the judge approves the expungement, they will sign an expungement order to be filed with the Court Clerk.

Independence County Arrest Warrants

Under A.C.A. § 16-81-104, only a circuit court judge, district court judge, or magistrate may issue an arrest warrant in Independence County. A prosecuting attorney may file a sworn statement with a judicial officer if they believe someone has committed an offense. The officer will issue an arrest warrant if there are reasonable grounds for the charge. Each arrest warrant must include:

• The name or a description of the offense
• The defendant’s name or an identifying description
• The county where the offense occurred
• The warrant’s issue date
• The judicial officer’s signature
• A command that the defendant be arrested and brought before a judicial officer in the county

According to A.C.A. § 16-81-110, any law enforcement officer who executes an arrest warrant in Independence County must record the time and manner of the warrant’s execution. The officer must then return the warrant to the judicial officer before whom the defendant is brought.

Do Independence County Arrest Warrants Expire?

Independence County does not have a specific expiration date for arrest warrants. As a result, warrants remain active until they are executed, the defendant appears in court, or the defendant is deceased. However, the issuing judge or magistrate may recall or quash an arrest warrant under certain conditions permitted by law.