Arrest records are public in Independence County, Arkansas, pursuant to the Arkansas Freedom of Information Act (FOIA), codified at Arkansas Code § 25-19-101 et seq. This legislation establishes that governmental records, including arrest records, must be accessible to the public unless specifically exempted by statute. The Arkansas FOIA serves as the legal foundation ensuring citizens' right to inspect and copy public records, thereby promoting governmental transparency and accountability.
The Independence County Sheriff's Office maintains arrest records as part of its official duties and makes these records available in accordance with state law. Members of the public seeking arrest information may submit requests to the appropriate custodian of records. Certain information within arrest records may be redacted if disclosure would constitute a clearly unwarranted invasion of personal privacy as defined in § 25-19-105(b)(12) or if the information falls under another statutory exemption.
Law enforcement agencies in Independence County are required to maintain these records and provide reasonable access during regular business hours. The Arkansas FOIA stipulates that agencies must respond to requests within three business days, either by providing the requested records or by indicating when the records will be available.
Arrest records can be found online in Independence County through several official digital platforms. The Arkansas Administrative Office of the Courts maintains an online case information system that provides public access to court records, including those related to arrests. This system, known as ARCourts, allows users to search for case information using various identifiers.
The Independence County Sheriff's Office provides limited arrest information through its official website, including recent booking information and current inmate status. This online resource is updated regularly to ensure accuracy of the information provided to the public.
Additionally, the Arkansas Department of Corrections maintains an online inmate search tool that allows members of the public to locate individuals currently in state custody or under supervision. This database includes information about individuals who have been arrested and subsequently incarcerated in state facilities.
It should be noted that while basic arrest information is available online, comprehensive records may require formal requests through the appropriate agencies. Online records are subject to the same exemptions and privacy protections as physical records under Arkansas Code § 25-19-105.
To obtain Independence County arrest records, several official methods are available to members of the public. Each method provides access to different aspects of arrest information:
In-Person Requests: Individuals may visit the Independence County Sheriff's Office located at 1750 Myers Street, Batesville, AR 72501. Office hours are Monday through Friday, 8:00 AM to 4:30 PM. A valid government-issued photo identification must be presented when requesting records in person.
Online Database Searches: The Independence County Court Records portal provides searchable access to arrest records. Users may search by entering identifying information such as name, date of birth, or case number.
Circuit Clerk's Office: The Independence County Circuit Clerk maintains court records related to arrests and subsequent proceedings. The office is located at 192 East Main Street, Batesville, AR 72501. Phone: 870-793-8828. Hours of operation are Monday through Friday, 8:00 AM to 4:30 PM.
Written Requests: Written requests for arrest records may be submitted to the Records Division of the Independence County Sheriff's Office. Requests must include the full name of the subject, date of birth, approximate date of arrest, and contact information for the requestor.
Arkansas State Police: For statewide criminal history information, requests may be submitted to the Arkansas State Police Criminal Background Check System. This service requires payment of statutory fees as outlined in Arkansas Code § 12-12-1012.
Pursuant to Arkansas Code § 25-19-105(a)(2)(A), agencies may charge reasonable fees for copies of public records, not to exceed the actual cost of reproduction.
An Independence County arrest record typically contains comprehensive information about the arrested individual and the circumstances of their arrest. Standard components of these records include:
Biographical Information: Full legal name, date of birth, physical description (height, weight, eye and hair color), gender, race, and any known aliases or nicknames.
Arrest Details: Date, time, and location of arrest; name and badge number of the arresting officer(s); agency responsible for the arrest; and the legal authority under which the arrest was made.
Criminal Charges: Specific charges filed against the individual, including the Arkansas Code section(s) allegedly violated, classification of offense (felony or misdemeanor), and degree of the charge.
Booking Information: Booking number, fingerprints, mugshot photograph, and personal property inventory taken at the time of booking.
Custody Status: Information regarding bail or bond amount, if applicable; detention facility where the individual is being held; and scheduled court appearances.
Case Disposition: Information about the resolution of the case, including court dates, plea information, conviction or acquittal details, and sentencing information if applicable.
Prior Criminal History: References to previous arrests or convictions may be included if relevant to the current case.
It should be noted that pursuant to Arkansas Code § 16-90-1417, certain information may be redacted from public arrest records, particularly in cases involving juveniles, sexual assault victims, or ongoing investigations.
Expungement of arrest records in Independence County follows procedures established under Arkansas Code § 16-90-1401 et seq., known as the Comprehensive Criminal Record Sealing Act of 2013. This statute provides mechanisms through which eligible individuals may petition for the sealing of their criminal records, including arrest records.
Eligibility criteria for expungement in Independence County include:
The expungement process requires filing a petition with the Independence County Circuit Court. Petitioners must submit the appropriate forms along with the filing fee of $50, as established by Arkansas Code § 16-90-1419. The court may waive this fee upon demonstration of indigence.
Upon receipt of a petition, the court will schedule a hearing and notify the prosecuting attorney, who has 30 days to file an objection. If the court grants the petition, an Order of Expungement will be issued directing all relevant agencies to seal the records.
Sealed records are not destroyed but are removed from public access. Law enforcement agencies and courts retain limited access to sealed records for specific purposes outlined in Arkansas Code § 16-90-1416.