Arkansas Arrest Records Search

What is Considered an Arrest in Arkansas?

Arkansas law defines arrests as taking a person into custody by law enforcement officers, under the authority of a warrant or otherwise, to detain them to answer a criminal charge. Section 16-81-106 of the Arkansas Code Annotated (A.C.A) outlines how peace officers may conduct arrests in the state. Per the law, law enforcement officers may legally detain individuals with or without a warrant to bring them before a court to respond to criminal charges.

Article 2, Section 15 of the Arkansas Constitution upholds the principle of the Fourth Amendment, protecting individuals from unlawful search by peace officers. Per the law, individuals have the right to be secure in their person, house, and effects against unreasonable search and seizures. Like the Fourth Amendment, the Arkansas Constitution generally requires that arrests be based on probable cause and describe in detail the specific place to be searched and items to be seized. The law establishes the foundation for lawful arrests in the state, emphasizing the requirement for probable cause.

Arrests occur under several circumstances in Arkansas. A person caught shoplifting may be arrested for committing a criminal offense. A driver stopped for reckless driving may be arrested for the traffic violation of driving while intoxicated (DWI) if the officer suspects the driver is under the influence of alcohol and a field sobriety test confirms the officer's suspicion. A person who becomes violent and begins damaging property is typically apprehended for committing a public order offense of disorderly conduct.

Arrests in Arkansas are generally governed by state laws to ensure that individuals are taken into custody according to state and federal laws. Therefore, the following elements typically constitute arrests in Arkansas:

• Custody and Control: Custody is generally the formal apprehension of individuals by law enforcement, restricting their freedom. Arrests bring a person under the control of law enforcement.
• Legal Authority: Legal authority is the liberty the law gives peace officers to detain suspects based on probable cause. In Arkansas, legal authority typically comes from valid arrest warrants issued by the courts per Section 16-81-106(1) of the A.C.A. Also, arrests without warrants where the offense is committed in the presence of a law enforcement officer per Section 16-81-106(2) of the A.C.A.
• Miranda Rights: Once in custody but before interrogation, police officers must inform arrested persons of their Miranda rights to protect themselves from self-incrimination under the Fifth Amendment. Miranda rights include the right to remain silent, the right to an attorney, and the right to a court-appointed attorney where the individual cannot afford one.
• Restraint and Transport: Peace officers typically use restraints to restrict arrested persons' movement after placing them under arrest. Restraint is essential to ensure that the person does not harm themselves, harm the police officers, or attempt to flee. After restraining the arrestee, law enforcement officers convey them to the holding facility for processing.
• Booking Process: The booking process generally involves documenting the arrests by gathering relevant information about the individual. The booking process in Arkansas typically includes collecting personal information about the individual, taking their fingerprints and mugshots, recording the specific charges, medical examination, detention and bail details, and confiscating and storing personal items of the arrestees.

Arrests differ from detention. Arrests involve taking a person into custody based on probable cause. Arrests typically require restraints, such as handcuffs, to limit a person's freedom. During arrests, law enforcement must read the individuals their Miranda rights. Arrests, on the converse, do not require probable cause but reasonable suspicion that the person is involved in criminal activities. Detention is a temporary and less formal restriction of a person's freedom. Detention is short-term and usually for investigation purposes. Since detention is not considered an arrest, Miranda rights are not required unless the situation escalates into an arrest.

What is Unlawful Arrest in Arkansas?

Unlawful arrests generally occur in Arkansas when law enforcement officers fail to follow laid down legal procedures or violate a person's constitutional rights during arrest. Unlawful arrests may occur under a variety of circumstances, such as:

• Lack of Probable Cause: Probable cause is fundamental to all arrests in Arkansas. An officer must have reasonable grounds to believe that the individual has committed, is committing, or is about to commit a crime. Without probable cause, arrest becomes unlawful.
• Violation of Constitutional Rights: An arrest becomes unlawful when a person's constitutional rights are violated. The Fourth Amendment and the state's constitution protect individuals from illegal arrests, while the Fifth Amendment ensures protection against self-incrimination. Where an officer fails to read Miranda rights before custodial interrogation or uses force more than necessary during arrests, the arrest becomes unlawful.
• Arrest Without a Warrant: Arrests can be with or without a warrant in Arkansas. Warrantless arrests are generally permitted when the offense occurred in the presence of law enforcement officers or they have probable cause for felony crimes. Arrests outside these provisions make the arrests illegal.
• Mistaken Identity: Arresting the wrong person based on mistaken identity results in unlawful arrests
• Racial Profiling and Discrimination: Arrests based on racial profiling, typically targeting individuals solely based on their race, ethnicity, or national origin, or other discriminatory factors such as religion, sexual orientation, or disability make the arrests unlawful.
• Arrest Outside Jurisdiction: Law enforcement officers are generally authorized to arrest within their jurisdiction. Officers outside their jurisdiction who conduct arrests without proper legal authority or approval from local law enforcement officers make an unlawful arrest.

Unlawful arrests generally have grievous legal implications as they can affect the prosecution of the case and can lead to legal penalties for both the arresting officer and their agency. Unlawful arrests lead to the exclusion of evidence in court. Similarly, criminal charges stemming from unlawful arrest may be dismissed as the evidence used to build the case becomes inadmissible in court. Persons unlawfully arrested may file a civil rights lawsuit under 42 U.S.C. § 1983 for violating their constitutional rights. They may recover compensatory damages, punitive damages, and attorney's fees. Similarly, officers involved in unlawful arrest may face disciplinary actions from their department, including suspension, demotion, or termination, depending on the severity of the violation.

Are Arrest Records Public in Arkansas?

Arrest records are public records in Arkansas. The Arkansas Freedom of Information Act (FOIA) establishes the rights of individuals to request and inspect public records maintained by governmental bodies, including law enforcement agencies. The law generally grants public access to government records, including arrest records. Although the FOIA permits access to arrest records, some records may be restricted from the public due to privacy concerns.

Most parts of arrest records in Arkansas are considered public information and are available through requests. The typical information on arrest records is open to the public in Arkansas:

• Personal information, including the name, age, date of birth, and physical attributes, such as weight, height, and eye color
• Arrest details. Such as the date and time of the arrests, the location of the arrests, and the officer and agency that made the arrest
• The charges filed against the individual, misdemeanors or felonies
• The booking information, such as mugshots and fingerprints
• Bail or detention status, such as the amount of ail set and the conditions for release
• The court information, including court dates, hearing schedules, legal motions, and case outcomes

Mugshots are public records in Arkansas. Although some states restrict access to mugshots of arrest records to prevent misuse or harm to the record holder, mugshots are generally open for inspection and copying in Arkansas. However, mugshot information on sealed or expunged arrest records is closed to the public.

Although most parts of arrest records are public, certain information is exempt from public view to protect privacy, protect the integrity of ongoing investigations, and prevent harm to the record holder. Therefore, juvenile arrest records are restricted from the public to protect minors. Arrest records of ongoing investigations are generally withheld from the public to protect the integrity of the case. Arrest records sealed or expunged by the courts are excluded from the public. Also, some information on arrest records is redacted from the record to protect the record holder from identity theft and fraud. Sensitive information such as social security numbers, health information, driver's license numbers, and financial account information are not released even when other parts of the arrest record are made public.

What are the Types of Arrest Records in Arkansas?

Arkansas arrest records are classified into two main categories based on the level at which they are maintained and the agency responsible for managing them. Generally, arrest records are handled at the county and the state level.

At the county level, local police departments and county sheriff's offices maintain records of arrests within their jurisdictions. The local police departments handle arrests made within city or town jurisdictions, while county sheriff's offices handle arrests in unincorporated areas or outside city limits. Arrest records at the county level typically are more immediate and may include recent and detailed booking information, arrest dates, charges, and bail details.

The Arkansas State Police (ASP) maintains arrest records at the state level. The records are part of a broader and more comprehensive criminal history report, which typically includes convictions, warrants, court disposition, and sentencing information. At this level, arrest records cover arrests carried out by state police alongside information gathered from local police departments, county sheriff's offices, and state law enforcement agencies.

Where are Arrest Records Kept in Arkansas?

In Arkansas, arrest records are kept by various agencies at the local, state, and federal levels. Each agency maintains a specific type of arrest record based on its jurisdiction and its role in the criminal justice system. The following agencies keep arrest records in Arkansas:

• Local Police Departments or Sheriff's Office: Police departments and county sheriff's offices keep records of arrest incidents within their respective jurisdictions.
• Arkansas State Police (ASP): The ASP keeps records of arrests on Arkansas highways. The ASP collates arrest reports from local law enforcement agencies across the state and provides access to the records on request.
• Arkansas Judiciary: The Arkansas judiciary maintains a central repository of case files originating from Arkansas courts, including arrest records.
• Federal Agencies: Federal agencies such as the Federal Bureau of Investigations (FBI) maintain records of arrests involving federal crimes and interstate offenses. The FBI maintains a central repository of criminal records, which includes arrest records. The FBI's Criminal Justice Information Services Division (CJIS) manages the nationwide database of criminal records through the National Crime Information Center (NCIC).
• Correctional Facilities: The Arkansas Department of Corrections (ADC) and the Forrest City Federal Correctional Complex keep records of persons incarcerated following an arrest. Correctional facilities provide access to certain public information, including inmate records and some arrest information for individuals under their custody.

How To Find Public Arrest Records in Arkansas?

Access to arrest records in Arkansas may be through the local police departments, county sheriff's offices, or centralized databases. Arrest records are generally accessible through the following sources:

• Local Police Departments or Sheriff's Office: Police departments and county sheriff's offices have a record division that grants access to law enforcement records, including arrest reports. Record seekers may visit the law enforcement office that handled the arrest to obtain the record. Some local law enforcement agencies provide access to arrest records through their websites. Alternatively, the records are accessible by mail requests.
• The Online Criminal Background Check System: The ASP provides electronic access to criminal background checks using the Online Criminal Background Check System, which includes arrest records. Interested persons must create an account with the Information Network of Arkansas (INA) to access arrest reports. Persons without online access can mail written requests for the records. It costs $25 to order the record mail and $22 for electronic access to the records. Record seekers can send their requests to:
• Arkansas Courts: Arrests that lead to criminal charges often have their records transferred to the court system. The Arkansas judiciary generally provides online access to case and court records through the Search ARCourts. Additionally, record seekers may contact the Court Clerk in the county where the case was handled to access arrest records.
• Third-Party Websites: Third-party websites typically compile data from various sources, including local, state, court, and federal agency databases. Third-party platforms like RecordsFinder generally offer convenient access to arrest records across multiple jurisdictions. However, third-party databases are not typically updated in real-time, meaning they would not reflect recent arrest records. Also, most third-party websites require payment to access the complete arrest report.

How Long Do Arrests Stay on the Record in Arkansas?

In Arkansas, arrest records remain on a person's criminal record unless the record holder petitions the court to have the records sealed or expunged. Arkansas law does not provide for the automatic deletion or sealing or arrest records after a certain period. Therefore, once arrests are documented in the state, they typically stay on a person's criminal record indefinitely and are accessible to the public.

How To Seal or Expunge an Arrest Record in Arkansas?

Arkansas law only provides for the sealing of adult arrest records. Title 16, Subtitle 6, Chapter 90, Subchapter 9, known as the Comprehensive Criminal Record Sealing Act of 2013, sets the process of sealing arrest records. The process of sealing arrest records generally hides the record from the public but does not erase it. Sealed arrest records still exist, although inaccessible to the public. However, certain government entities may still access sealed arrest records. Expungement of the converse wipes out the record as if it ever existed, making it unavailable to anyone. Arkansas does not fully erase records in this manner.

Sections 16-90-1405 and 16-90-1406 of the A.C.A. outlines the eligibility for sealing misdemeanor offenses and felony convictions. Per the laws, arrests without sentencing may seal the records immediately after the case. However, arrests that result in convictions must wait for a certain period before petitioning the courts to seal the reports. The waiting period depends on the offense and the outcomes of the case. Generally, the waiting period for misdemeanors is shorter, up to 2 years, and up to 5 years for felony convictions.

Section 16-90-1409 of the A.C.A. provides the framework to seal arrest records in Arkansas. Generally, sealing arrest records begins with petitioning the District or Circuit Court in the county where the arrests were made. Persons applying to seal their arrest records must first obtain a copy of the judgment from the clerk of the court's office before filing the petition. After filing, the petitioner must serve the prosecuting attorney and other relevant parties the petition to seal their arrest records. The court may schedule a hearing to determine whether the petition for sealing will be granted. If the judge grants the petition, the court issues an order to seal the arrest records. Once sealed, the record is no longer accessible to the general public.

Nonetheless, certain parties may still access sealed arrest records. Law enforcement agencies may view sealed arrest records if required for ongoing investigations or arrests. The courts may view sealed arrest records if the individual is involved in future legal proceedings. Licensing boards for professions such as healthcare may view sealed records to assess suitability for professional licenses.

Alabama Arrest Records by City

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