Cass County Arrest Records

Law enforcement agencies can make arrests in Cass County as part of their official duties to maintain law and order. According to Indiana Code (IC) 35-33-1-5, an arrest is defined as legally taking a person into custody to answer for an alleged crime. Per IC 35-33-1-1, a law enforcement officer can arrest an individual when the officer has a warrant for the arrest or probable cause to believe said individual has committed, is committing, or is attempting certain offenses.

Following an arrest in Cass County, the arresting law enforcement agency typically generates and maintains a record to document details about the incident. These records are commonly known as Cass County arrest records. Although law enforcement agencies are the primary custodians of arrest records, they usually share these records with other government entities like courts and the Indiana State Police (ISP) for several reasons. For instance, the ISP is the state's custodian for criminal history records. Hence, law enforcement agencies are required to report arrests they make within Indiana, including in Cass County, to the ISP. On the other hand, arrest records are usually reported to the court handling the case that resulted from the arrest. As a result, information from arrest records may be featured in Cass County Court Records and Criminal History Records compiled by the ISP.

Are Arrest Records Public in Cass County?

Yes. The Indiana Access to Public Records Act (APRA), codified in Indiana Code 5-14-3, established the general public's right to access information about official acts of government agencies, public officials, and employees. Law enforcement agencies and arrest records they generate are subject to the APRA. As a result, arrest records in Cass County are accessible to the general public through local law enforcement agencies, provided the record is not confidential or non-disclosable by law.

Generally, confidential and non-disclosable arrest records or information are only accessible to eligible persons and entities. Examples of these records are outlined in IC 5-14-3-4 and other relevant laws. They include but are not limited to:

• Records declared confidential pursuant to a state or federal statute.
• Arrest records expunged by court order.
• Juvenile arrest records
• Arrest records of individuals whose charges were dismissed or acquitted.
• Information whose release may endanger a person's life or physical safety.
• Confidential information, like Social Security numbers

What Do Public Arrest Records Contain?

Per IC 5-14-3-5, the following information is public in arrest records:

• The arrestee's personally identifiable information, including their full name, age, and address
• Circumstances of the arrest, such as the arrest location and time, as well as the arresting officer and agency's details
• Detail about any charges the arrest was based on
• Booking date and time
• Bail or Bond amount (if fixed)

Cass County Arrest Statistics

According to the Federal Bureau of Investigation (FBI) Crime Data Explorer (CDE), Cass County recorded 900 arrests in 2023, an 8.7% decrease from the county's 2022 arrest statistics (982). Of the 2023 total, 74% (662) of arrestees were male, and 16% (238) were female. Furthermore, offenses like drug possession 268, simple assault 113, and driving under the influence 91 had the highest number of arrests in 2023.

Find Cass County Arrest Records

Record seekers can find Cass County arrest records by querying local law enforcement agencies. As previously explained, these agencies create and maintain arrest records for every arrest they make within Cass County.

Therefore, provided an individual knows the specific law enforcement agency that was responsible for an arrest, they can query the agency for the arrest record detailing the incident. Individuals who are unsure of which agency was responsible for the arrest can start by querying the local police department in the municipality where the arrest occurred. The reason is that local police departments are responsible for most arrests within their respective municipalities.

The methods, procedures, and fees for requesting or accessing records may vary by agency. Nonetheless, record seekers must provide details about the desired arrest record to assist the record's custodian in identifying it. These details include a case number, the arrestee's name and date of birth (DOB), the arrest date and location, or any other relevant information.

Most law enforcement agencies accept in-person requests for arrest records, while some accept mail, fax, or email requests. For instance, if the Logansport Police Department made the arrest, the agency's Record Section provides a public record request form that interested persons can use to request arrest records. The request form should be appropriately completed and submitted in person, by email, or by fax to:

Logansport Police Department
729 High Street
Logansport, IN 46947
Fax: (574) 753-0513
Email: amichael@logansportpolice.com

Free Arrest Record Search in Cass County

In Cass County, law enforcement agencies usually charge record seekers a fee for copies of arrest records they furnish. Nonetheless, agencies may be open to interested persons inspecting arrest records for free on-site. In such cases, one can visit the agency's physical address during regular office hours to inspect records in person.

How Long Do Arrests Stay on Your Record?

Indefinitely. Indiana Codes does not impose a general timeframe for arrests to remain on a subject's record. Hence, the length of time an agency keeps arrest records on file varies depending on the agency's record retention schedule. Most notably, the Indiana State Police (ISP) retains arrest records and other relevant criminal history information files for 99 years per the agency's Records Retention And Disposition Schedule.

Expunge Cass County Arrest Records

In Cass County, the expungement process is governed by IC 35-38-9, also referred to as the Second Chance law. The law outlines the requirements that an arrestee and their arrest record must meet to be eligible for expungement. For instance, under IC 35-38-9-1, an arrest that leads to a criminal charge or a juvenile delinquency allegation may be expunged if the arrestee is not currently participating in a pretrial diversion program and the arrest:

• Resulted in a conviction or juvenile adjudication and the conviction or adjudication was vacated on appeal.
• Did not result in a conviction or juvenile adjudication

Additionally, an arrest may also be expugnable under IC 35-38-9 if it results in certain:

• Misdemeanor convictions
• Minor Class D and Level 6 felony convictions
• Less serious felony convictions
• Serious felony convictions (with the prosecutor's constant).

In Cass County, Individuals with eligible records can request expungement by drafting an expungement petition and filing it with the County Circuit or Superior Court. Prospective petitioners can consult a licensed attorney to assist them in drafting the petition, or they can follow the guidelines provided in IC 35-38-9 to draft one themselves. According to the statute, the petition must contain:

• The date of the arrest, criminal charges, juvenile delinquency allegation, or conviction.
• The county where the arrests occurred or the indictment or juvenile delinquency allegation was filed.
• The employer (law enforcement agency) of the arresting officer (if known)
• The court where the criminal charges or juvenile delinquency allegation was filed (if applicable)
• Any other identifying information, like;
  • The arresting officer's name
  • The case or court number
  • The petitioner's aliases or other name and driver's license number
  • A list of each criminal charge and their corresponding disposition (if applicable)
• The petitioner's birth date and social security number.

After drafting the expungement petition, file it with the Cass County Circuit or Superior Court by submitting it to the Cass County Clerk's office. Note there is no fee for filing an expungement petition. Subsequently, petitioners will be notified by the court staff of any hearing and if their petition has been granted. If the petition gets granted, an expungement order will be issued, and relevant government agencies will be informed.

Cass County Arrest Warrants

A Cass County arrest warrant is a court-issued directive granting law enforcement agencies authority to arrest an individual. Per IC 35-33-2-1, a judge may issue an arrest warrant pursuant to a filed indictment or if they find probable cause that the person to be arrested committed a crime in the information.

Under IC 35-33-2-2, an arrest warrant must be in writing and contain the following details:

• The name or description of the prospective arrestee
• The nature of the offense for which the arrest warrant was issued
• The date and county of issuance
• The signature of the issuing clerk or judge and the title of their office
• The specific amount of bail (if any)
• Directed to the county's sheriff

Do Cass County Arrest Warrants Expire?

It depends on the type of offense for which the arrest warrant was issued. Under IC 35-33-2-4, an arrest warrant will expire 180 after its issuance date if it was issued for a misdemeanor offense. Meanwhile, arrest warrants that were issued for a felony or rearrest of any offense never expire.