Iowa Arrest Records Search

What is Considered an Arrest in Iowa?

Per Section 804.5 of the Iowa Code, an arrest is "the taking of a person into custody when and in the manner authorized by law, including restraint of the person or the person's submission to custody." Law enforcement officers in Iowa may make an arrest with a warrant or without one. The state also permits private persons to make arrests in specific circumstances, such as for a public offense committed or attempted in their presence and when a felony was committed, and they have reasonable grounds to believe that the person to be arrested committed it.

Both state and federal laws provide the legal framework for arrests in Iowa. The Fourth Amendment to the United States Constitution protects citizens from unlawful seizures. Chapter 804 of the Iowa Code outlines the legal authority and process for arrests in the state.

Iowa requires a strict standard for arrest. For an arrest to be made, there must be probable cause to believe that the person arrested is committing or has committed a crime. Before a warrant may be issued by a judge for an arrest, the judge will determine that probable cause exists to believe that the person named in the complaint submitted by the law enforcement officer has committed the offense. A warrantless arrest also requires that probable cause exists before the arrest may be made. According to the state, probable cause is determined by reviewing the available facts and circumstances and concluding that they are sufficient to create a reasonable belief in the truth of the claim that the person to be arrested committed a crime.

Arrests are made in Iowa for a wide range of offenses typically including:

• Drug-related offenses
• Traffic offenses
• Assault and violent offenses
• Theft and property crimes
• Disorderly conduct and public nuisance
• Weapons violations
• Sexual offenses
• Probation or parole violations

A lawful arrest in Iowa must follow acceptable standards under the state's arrest laws. Critical elements of an Iowa arrest include the following:

• Probable Cause: For an arrest to be lawful in Iowa, police officers need to have probable cause. This means they must have a reasonable belief, based on evidence or facts, that a person has committed a crime. Probable cause may originate from direct observation, witness reports, or other reliable information.
• Legal Authority: Chapter 804 provides law enforcement officers with the legal authority to make an arrest. This authority may be expressed with a warrant or without one in specific circumstances. Private citizens generally also possess the authority to arrest in limited situations.
• Informing the Person of the Arrest: Once a person is arrested, the officer must inform them that they are under arrest. This is a crucial step in making sure the individual knows they are being taken into custody and not just questioned. The arresting officer typically states the reason for the arrest and what charges the individual will face.
• Miranda Rights: Upon an arrest in Iowa, the arrestee must be informed of their Miranda rights before questioning. These rights include:
  • The right to remain silent
  • The right to an attorney
  • The warning that anything said by the arrestee may be used against them in court.
  • These rights are targeted at protecting individuals from self-incrimination and ensuring they understand their legal options during interrogation.
• Custody and Control: During an arrest, law enforcement officers usually take the individual into custody on suspicion of involvement in a crime. This action places the person under the control of the arresting officer, restricting their freedom and preventing them from leaving until further legal procedures take place.
• Restraint and Transport: After informing an arrestee of the intention to arrest them, the arresting officer may physically restrain the suspect, often with handcuffs. After taking them into custody, the officer will transport the suspect to a detention facility for processing. Note that per Section 804.8 of the Iowa Code, a law enforcement officer is justified in the use of any force that they reasonably believe is necessary to effect an arrest or defend any individual from bodily harm while making an arrest. However, the use of deadly force or a chokehold is justified when a person cannot be captured any other way, and specific circumstances mentioned in Sections 804.8 (1)(a) and 804.8(1)(b) apply.
• Booking Process: After an arrest, the suspect is booked at the police station or jail. This typically involves:
  • Recording personal information like name, address, and birthdate
  • Taking fingerprints and photographs or mugshots
  • Collecting information about the charges
  • Searching the individual for weapons or illegal substances
  • Securing personal belongings until the suspect is released or bailed out

Although "detention" is often used interchangeably with "arrest," both have distinct legal definitions. Detention typically occurs when law enforcement holds you for a short time and may occur in contexts such as traffic stops or street encounters. If Iowa law enforcement detains you, they suspect you have committed an offense but do not have sufficient evidence to arrest you. Still, law enforcement needs more than a mere hunch to detain you. They are generally required to have a reasonable suspicion that you committed a crime. Iowa makes it illegal for law enforcement to detain you without reasonable suspicion.

On the other hand, arrest requires a higher standard - probable cause, for you to be taken into custody in an arrest. It is a more severe and formal action involving freedom deprivation, with the plan to charge you with a specific crime. The main distinction between detention and arrest lies in the duration of the actions. Detention allows a law enforcement officer to quickly assess a situation, while an arrest involves a more extended deprivation of freedom and starts a legal process potentially leading to criminal charges.

What is Unlawful Arrest in Iowa?

An unlawful arrest in Iowa occurs when an arrest is carried out in breach of the state's arrest laws and procedures. The following elements typically make an arrest unlawful in Iowa:

• Lack of Probable Cause: An arrest without probable cause is unlawful. Probable cause means the officer must have a reasonable belief, based on facts or evidence, that the person committed a crime. If an officer arrests someone without sufficient grounds, the arrest may be deemed illegal.
• Failure to Obtain a Warrant for an Arrest that Requires a Warrant: In cases where an arrest warrant is required, failing to obtain a valid warrant makes the arrest unlawful.
• Violation of Constitutional Rights: The U.S. Constitution protects individuals from unreasonable searches and seizures. An arrest that occurs without probable cause or a warrant or one involving excessive force may violate a person's Fourth Amendment rights. In addition, failing to inform the individual of their Miranda rights before questioning can make the arrest unlawful. The use of excessive force in making an arrest may also cause it to be considered unlawful.
• Racial Profiling and Discrimination: Racial profiling and discrimination happen when law enforcement focuses on individuals for arrest based on their ethnicity instead of actual evidence of criminal conduct. In Iowa, an arrest is considered unlawful if it is driven primarily by racial bias, as this violates the constitutional right to equal protection under the law.
• Procedural Violations: Law enforcement must follow specific procedures during and after the arrest, including informing the arrestee of the charges against them and taking them before a judge within a reasonable time. Failure to comply with these requirements may render the arrest unlawful.
• Mistaken Identity: The arrest is considered unlawful if law enforcement arrests the wrong individual due to mistaken identity and without proper verification. Even with probable cause, arresting the wrong individual makes it legally unjustifiable.
• Arrest Outside Jurisdiction: In Iowa, law enforcement officers typically have the authority to make arrests only within the jurisdiction where they are employed. If an officer arrests someone outside their jurisdiction without adhering to legal procedures, the arrest may be deemed unlawful.

Common consequences of an unlawful arrest in Iowa include:

• Dismissal of Charges: If an arrest is unlawful, the charges against the arrestee may be dismissed. Even if there is probable cause to believe the person committed the crime, an unlawful arrest may still lead to the dismissal of the charges.
• Civil Rights Lawsuits: A person unlawfully arrested may file a civil rights lawsuit under federal or state law against the arresting officers, the police department, or the municipality for violating their constitutional rights. Compensation in such lawsuits may include damages for emotional distress, legal fees, and punitive damages.
• Suppression of Evidence: If an arrest is deemed unlawful, any evidence gathered due to the arrest may be suppressed and excluded from court. This means the prosecution cannot use the unlawfully obtained evidence in a trial.

Are Arrest Records Public in Iowa?

First enacted in 1967, the Iowa Open Records Law provides public access to records of government bodies in the state, including available arrest records. Consequently, you may submit a request for an arrest record to the custodian of the record. When you request an arrest record in Iowa, you will typically find the following information:

• The name and any known aliases of the arrestee
• The weight, height, race, hair color, age, and any other distinct feature of the arrestee
• The offense committed by the arrestee and the classification of the offense
• The date and location of the arrest
• Fingerprints
• Mugshots
• Bail amount

Not all arrest records may be accessed publicly in Iowa. Some are redacted from the public and cannot be accessed except by a court order. Examples of publicly inaccessible arrest records in Iowa typically are expunged arrest records, juvenile arrest records, arrest records that may negatively impact ongoing investigations, and certain personal records contained in arrest records, such as medical records.

What are the Types of Arrest Records in Iowa?

In Iowa, law enforcement agencies create arrest records when individuals are taken into custody for criminal offenses. These records are divided into two categories: local-level arrest records and state-level arrest records.

Local-level arrest records are maintained by city police departments and county sheriff's offices. These records generally document arrests made within a particular jurisdiction by officers from those agencies. For example, if an arrest occurs in a town or county, the respective police department or sheriff's office will record and keep the details of that arrest.

State-level arrest records are maintained by state agencies such as the Iowa Department of Public Safety. These records provide a more comprehensive overview, compiling arrest information from all local law enforcement agencies across the state. In addition to arrest details, these records, usually called criminal history records, typically include more information such as court outcomes, convictions, and dispositions data.

Where are Arrest Records Kept in Iowa?

The following agencies generally keep arrest records in Iowa:

• Local County Law Enforcement Agencies: Local law enforcement agencies in Iowa, such as city police departments and county sheriff's offices, maintain local-level arrest records. These typically include details of arrests made within their specific jurisdiction, including information on the individual arrested, the offense's nature, and the arrest's date and location.
• Iowa Department of Public Safety: The Iowa Department of Public Safety (DPS), through its Division of Criminal Investigation (DCI), is responsible for managing state-level arrest records. These records compile information from local agencies, typically including arrest details, court information, convictions, probation, and parole records.
• Iowa Courts: Iowa's court system maintains judicial records related to arrests, which typically include information on charges filed, case dispositions, and sentencing. These records are kept as part of the court's case files and are accessible through the Iowa Courts Online Search system. Court records generally contain comprehensive legal documentation, including arrest warrants, trial information, and judgments.
• Federal Agencies: The Federal Bureau of Investigation (FBI) holds national criminal records, which generally include arrests made by federal agencies or state and local law enforcement when offenses cross state lines or involve federal crimes.
• Correctional Facilities: While there are currently no federal prisons in Iowa, the Iowa Department of Corrections maintains arrest records for inmates in state prisons. Note that offender records are public information under Section 904.601(1) of the Iowa Code.

How To Find Public Arrest Records in Iowa?

You may find Iowa arrest records by:

• Visiting Local Police Departments and County Sheriff's Offices: Once you have determined the local police department or county sheriff's office that made an arrest, you may contact the agency to obtain the record of that arrest. If an online form or log is unavailable to access records of arrests made by an agency, you may visit the agency's office or submit a completed public record request form and pay a nominal fee to access an arrest record.
• Submitting a Request to the Bureau of Criminal Identification in the Department of Public Safety: The Iowa Department of Criminal Investigation (DCI) offers several methods for requesting a criminal history record check, including by mail, fax, email, or in person. Phone requests are not accepted. Each request must include at least the subject's first name, last name, and exact date of birth.

An Iowa Criminal History Record Check fee is $15 per last name. A separate form and payment are required for each last name. Accepted payment methods include cash, checks, money orders, and credit/debit cards (MasterCard, VISA, Discover).

• To make an online request: Iowa Criminal history record checks may be completed via the DCI online portal. To successfully submit a request, both a Request Form and a Billing Form must be completed. If either form is missing, the request will not be processed. Payment must be made using a credit or debit card or a DCI Account number, which must be provided on the Billing Form. You must also include an address, fax number, or email address on both forms and specify how you would like to receive your results. Once both forms are completed and payment details are provided, select 'sUBMIT."

For multiple record checks, a separate Request Form and Billing Form, along with payment, must be submitted for each individual. The processing time for online requests typically takes 1-3 days, depending on volume and staffing.

• To request by fax, mail, and email: To submit a request by mail, fax, or email, you have two options. First, you may fill out the forms online and then download the completed Request and Billing Forms. After downloading, send both forms via mail, fax, or email to the provided address, fax number, or email address listed on the forms.

Alternatively, you may download blank versions of the Request and Billing Forms, fill them out manually, and send them by mail, fax, or email using the same contact details.

In both cases, the forms must be fully completed for your request to be processed. Processing time for requests submitted this way is typically 1-3 days.

• To request in person: You may request an Iowa record check by visiting the DCI's address. According to Iowa law, the DCI may only provide immediate results if you are requesting your record. Your request must be accompanied by a valid government-issued photograph identification, such as a driver's license or passport. In-person requests are accepted Monday through Friday, between 8:00 a.m. and 4:00 p.m. The office of the DCI is located at:
• Accessing Iowa Court Records: Arrest records are often tied to court proceedings, especially if charges were filed. Requests for court records containing arrest information may be made verbally or in writing to the court clerk where the case was heard during regular judicial branch office hours. Public case documents from Iowa courts may be viewed on a public access terminal at the relevant courthouse. If you want a copy, you must pay a fee of $.50 per page to cover the state's direct costs.

Furthermore, the state, through the Iowa Courts Online Search system, provides online access to judicial records related to criminal cases, which may include arrest information. You may visit the portal's address to perform a search of court records in Iowa.

• Contacting the Iowa Department of Corrections for Incarceration Records: To find arrest information for inmates under the Iowa Department of Corrections administration, you may use the offender search tool on the Iowa Department of Corrections website. The tool allows users to search by offender name and number.
• Using Third-Party Websites: Third-party websites like RecordsFinder generally offer a convenient way to access available Iowa arrest records. These sites typically operate an extensive database containing information aggregated from various sources. You may visit these sites to perform a search for Iowa arrest records

How Long Do Arrests Stay on the Record in Iowa?

Arrest records stay on the record indefinitely in Iowa unless expunged. Automatic expungement is available in limited circumstances in the state. For instance, arrest records related to completed deferred judgments after July 1, 2013, and adult cases transferred to juvenile court after 2018 may be automatically sealed. If your arrest record is not eligible for automatic expungement, it may be eligible for the record relief via an expungement petition request.

How To Seal or Expunge an Arrest Record in Iowa?

Most arrest records of adults in Iowa are available to the public and may be accessed by anyone under the state's Open Records Law. Therefore, a landlord or employer may access this information, potentially impacting your employment and housing opportunities. Iowa generally offers some relief for such record owners in the form of expungement of those records. However, this relief is only available in limited circumstances. Note that a record will not disappear if it is expunged. This means that the record will not be accessible to the public, but some people, such as law enforcement agencies, may still have access to the record in specific circumstances.

To expunge arrest records in Iowa, the record must typically be related to the following:

• Dismissals and acquittals
• Deferred judgments
• Public intoxication
• Juvenile prostitution conviction
• Possession of alcohol under the legal age (PAULA) conviction
• Certainmisdemeanor convictions
• Adult cases transferred to juvenile court under Sections 232.8(2) and 803.6 of the Iowa Code

Note that certain statutes of limitations apply before the court may order the expungement of an arrest or conviction record. For instance, the state requires that at least 180 days must have passed after a criminal prosecution that resulted in a dismissal of all charges or a not-guilty verdict (Iowa provides an exception for prosecutions for local traffic ordinances and simple misdemeanor offenses according to Chapter 321 of the Iowa Code) before the court may expunge the criminal records related to the case. Also, all court costs, fees, and financial obligations must have been paid and other limited circumstances met.

Also, per Section 901C.3 of the Iowa Code, criminal records related to eligible misdemeanor convictions may only be expunged eight years after the conviction date if there are no pending criminal charges and you have not been granted two or more deferred judgments.

Be aware that arrest records related to some offenses cannot be expunged. These offenses typically include:

• Sex offenses
• Involuntary manslaughter
• Dependent adult abuse
• Operating a vehicle while under the influence of drugs or alcohol
• Bestiality
• Interference with a judicial process
• Domestic assault

You may file for expungement in Iowa by following these steps:

• Obtain Arrest and Court Records: Obtaining the documents necessary to complete and support your expungement application is the first step in filing for an expungement in Iowa. These documents typically include your arrest and court documents. They will provide important information such as the date of arrest, case number, and the disposition of the charges, when available. You may request copies from the police department, sheriff's office, or courthouse where your case was processed.
• File a Petition for Expungement: Once you have confirmed your eligibility and gathered the necessary records, the next step is to file a formal petition with the court in which you were convicted. In Iowa, this is typically done by submitting a "Petition to Expunge" with the court where your case was handled. The Iowa Judiciary provides court forms that may be used for this process. These forms generally include:
  • Application to Expunge Not Guilty or Dismissed Charges
  • Application to Expunge Public Intoxication
  • Application to Expunge Possession of Alcohol Under the Legal Age (PAULA)
  • Application to Expunge Prostitution
  • Application to Expunge OtherMisdemeanor
• Notify the Prosecutor: After filing the petition, you will need to notify the county prosecutor's office. The prosecutor will review your petition and choose whether or not to object. If the prosecutor objects, they will have an opportunity to present their case during a court hearing. In many instances, the prosecutor may not oppose the expungement if the arrest did not result in a conviction.
• Attend the Hearing (if required): Some cases may require a court hearing, depending on the specifics of the petition or any objections from the prosecutor. During the hearing, the judge will review the details of your arrest, the case's outcome, and whether the petition meets Iowa's legal requirements. You may be asked to explain why you believe your record should be expunged, and the prosecutor will have an opportunity to present any objections.
• Await the Judge's Decision: After reviewing your petition, the judge will decide on granting or denying your application. If the expungement petition is granted, the judge will issue an order to expunge your arrest record. This means that the record will be sealed and no longer appear in public background checks. However, your arrest record may still be accessible to Iowa law enforcement or some government agencies in certain situations.

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