Clay County Arrest Records

Arrest records in Clay County, Indiana, document instances in which individuals are taken into custody by law enforcement officers on suspicion of violating the law. Under Indiana law, only authorized officers, such as those from the Clay County Sheriff's Office, may make arrests. An arrest may be made without a warrant when the arresting officers have reasonable suspicion that a person has committed a crime.

After arrest, detainees are typically held at the Clay County Jail, which can accommodate more than 107 adult inmates. These arrest records—maintained by the Clay County Sheriff's Office— are usually generated following an arrest and form part of the broader public records system. Because they link to other public documents, including court filings, they provide a comprehensive view of an individual's legal history. Following an arrest, information regarding prosecution and the litigation process is usually documented in Clay County court records.

Are Arrest Records Public in Clay County?

Yes, according to Indiana Code § 5-14-3-5 and the Indiana Access to Public Records Act (APRA), arrest records in Clay County are generally public. This statute entitles the public to access certain arrest-related information, including the names of the arrestees, their ages, addresses, and charges, as well as the time and place of the arrest and bail amount.

However, certain records are generally exempt from public disclosure per Section 5-14-3-4. Records/information implicated by these exclusions include:

• Investigative documents from law enforcement.
• Personal data regarding victims who are younger than 18 unless they provide their consent.
• Information that might jeopardize a prison or other correctional facility's security.
• Information that may endanger public safety or compromise an ongoing investigation.

Generally, any member of the public is considered eligible to view non-exempt arrest records. However, requesters typically need to receive the necessary authorization or demonstrate tangible/justifiable interest to access exempt records.

What Do Public Arrest Records Contain?

Indiana's Access to Public Records Act (APRA), specifically Indiana Code § 5-14-3-5, ensures public access to certain law-enforcement records while protecting sensitive information. Under this statute, a Clay County public arrest record typically includes:

• The arrestee's full name, age, and address
• The nature and details of the charges file
• The date, time, and location of the arrest
• The arresting agency or officer's name
• The amount of bail, if set
• The date and time of the arrestee's booking and release

This framework balances transparency with privacy by making key arrest information available to the public while excluding confidential records for security or investigative reasons.

Clay County Arrest Statistics

The Indiana Department of Corrections reports that in October 2024, Clay County recorded 447 new felony commitments to state prisons, along with additional admissions for court supervision and parole breaches, for a total of 967 admissions that month. In addition to being an immigration detention facility, the Clay County Jail housed 53 ICE detainees per day from June 2020 to June 2021. Although there aren't many thorough breakdowns by offense, local arrest reports show that drug offenses, probation violations, and property crimes are frequently booked. Both local and federal detainee trends have contributed to the jail's rising average daily population in recent years, and expansion plans are in the works to house more prisoners.

Find Clay County Arrest Records

There are several local, state, and federal resources available for accessing arrest records in Clay County. The Clay County Sheriff's Office is the primary source because it keeps track of local arrest and inmate data. Interested persons may request these records online, by mail, or in person. Whatever the case, requests may be directed to:

Clay County Sheriff's Department
611 E. Jackson Street,
Brazil, IN 47834
Phone: (812) 446-2535

The Indiana Department of Correction (IDOC) also offers an online offender-search tool that covers state prisons, providing a comprehensive lookup option for record seekers. Users may access it via the IDOC Offender Search (Incarcerated Search) portal. Additionally, the Indiana court system maintains a public web gateway where individuals can view court case data, including arrest information.

Under Indiana Code § 5-14-3, the Access to Public Records Act (APRA) allows citizens to request public records from government agencies. Requests may be submitted in writing and, in some cases, are subject to fees. The U.S. Bureau of Prisons offers an Inmate Locator for nationwide searches to locate inmates or arrestees held in federal custody.

Free Arrest Record Search in Clay County

Some sources mentioned in the preceding section, such as the Clay County Sheriff's Office website, are free resources for looking up arrest records in Clay County, Indiana. The Indiana Department of Corrections' offender search tool and the Indiana court system's case search portal offer free access to statewide criminal and court data. Furthermore, some third-party websites aggregate public records and provide free basic searches, albeit the scope of the results may be restricted if one does not pay. Although these platforms are convenient alternatives to official custodians, the accuracy and validity of the information they provide may not be guaranteed.

How Long Do Arrests Stay on Your Record?

Arrests in Clay County, Indiana, stay on a person's record forever unless they are expunged. If no charges are brought against an individual apprehended after June 30, 2022, their arrest records may be automatically purged 180 days after the arrest under Indiana Code Section 35-38-9-1. Those arrested before this date or whose charges were dropped or found not guilty may request expungement within a year after the arrest. Records that have been erased are sealed and unavailable to the general public. Arrest records, however, are still part of the public record if they are not expunged.

Expunge Clay County Arrest Records

Under Indiana law, certain arrest records in Clay County may be sealed or restricted. The governing statute for this process is Indiana Code Title 35, Article 38, Chapter 9 (IC § 35-38-9).

Eligibility primarily depends on the outcome of the arrest. Under IC § 35-38-9-1, an individual may petition for expungement 1 year after the arrest if no charges were filed or if the charges were dismissed. For arrests occurring on or after July 1, 2022, non-charged arrests are automatically expunged after 180 days unless the case remains under investigation.

Expungement is still possible after 1 year if the arrest led to criminal charges and the case ended in an acquittal, dismissal, or successful completion of diversion. Post-conviction expungements are generally covered in another chapter (IC § 35-38-9-2 through -9-5) and carry longer waiting periods.

To begin the process, an eligible person may file a verified petition with the court in the county where the arrest occurred—in this instance, Clay County. The petition should include the arrest date, the arresting agency, and the case's outcome. Filing fees apply unless a waiver is granted. Once expunged, the record becomes inaccessible to employers, landlords, and the general public, though law enforcement and certain government agencies may still view it.

Expungement offers legal relief and privacy protection to individuals no longer involved in the criminal justice system, but it does not physically destroy the record.

Clay County Arrest Warrant Search

In Clay County, an arrest warrant is a formal document approved by a judge or magistrate that permits law enforcement to detain someone accused of committing a crime. A warrant is usually granted when a law enforcement official provides a judge with an affidavit stating that a crime has been committed and that the identified person is accountable.

While Indiana law permits arrests without a warrant in specific situations, such as when an officer observes a crime (IC § 35-33-1-1), a warrant is necessary when the offense is not immediately or directly observed. The facts and evidence that back up the arrest should be spelled out in the affidavit that supports the warrant.

According to Indiana Code Section 35-33-2-2, the following information is usually outlined in a valid arrest warrant:

• The identity of the suspect or, if the name is unknown, a detailed description
• An explanation of the claimed infraction and the applicable statute that was broken
• The issuance date and county
• The official title and signature of the judge
• Instructions about bail, if any

For public safety reasons, arrest warrants are typically not available online; instead, interested persons may visit the Clay County Sheriff's Office in person or check with the Clay County courts for relevant case records.

Do Clay County Arrest Warrants Expire?

Clay County arrest warrants do not expire. Once a judge issues a warrant under Indiana Code § 35-33-2-4, it remains in force until executed, recalled, or quashed by the court. Time alone cannot invalidate the warrant, though it may be vacated if, for example, the defendant dies, the charges are dismissed, or a successful motion to quash is granted. Because law-enforcement officers may act on a valid warrant at any moment, regardless of how long it has been outstanding, anyone who learns of an active warrant is generally advised to address it promptly through the court system.