Decatur County Arrest Records

Per Indiana Code (IC) 35-33-1-5, an arrest entails taking a person into custody so that they can answer for a crime. In Decatur County, law enforcement officers are primarily responsible for making arrests and can arrest individuals for several reasons. According to IC 35-33-1-1, a law enforcement officer can arrest an individual pursuant to an arrest warrant. Additionally, an officer may arrest someone who commits an offense in their presence or based on probable cause, if the officer believes the person has committed, is committing, or has attempted to commit certain crimes.

Arrests in Decatur County result in the creation of official arrest records, which the arresting agency prepares to document the incident. After being created, Decatur County arrest records are usually reported to different criminal justice agencies, which use the information they contain to generate and update other official records. As a result, arrest information is featured within various records, including Decatur County Court Records and criminal history files compiled by the Indiana State Police (ISP).

Are Arrest Records Public in Decatur County?

Yes, Per the Indiana Access to Public Records Act (APRA), codified in Indiana Code 5-14-3, the general public has the right to access records generated by government agencies concerning their official duties, including arrests. As a result, arrest records in Decatur County are public and available to anyone who queries local law enforcement agencies to request them, except when the record is deemed confidential or subject to non-disclosure by law. According to IC 5-14-3-4, some records and information that are undisclosable to the public include, but are not limited to:

• Juvenile arrest records.
• Expunged arrest records.
• Social Security numbers contained in records.
• Records declared confidential by a state or federal statute.
• Arrest records of individuals whose charges were dismissed or acquitted.
• Information whose release may endanger a person's life or physical safety.

What Do Public Arrest Records Contain?

According to IC 5-14-3-5, public arrest records in Decatur County may contain the following information:

• Information identifying the arrestee, including their name, age, and address.
• Details about the charges the arrest was based on
• Circumstances surrounding the arrest:
  • The time and location of the arrest
  • The arresting officer and the agency’s details
• Booking date and time
• Bail or bond amount (if fixed)

Decatur County Arrest Statistics

Arrest statistics from the Federal Bureau of Investigation (FBI) Crime Data Explorer (CDE) website reveal that Decatur County law enforcement agencies recorded 1,024 arrests in 2023. Of this total, 71.5% (732) of arrestees were male, while 28.5% (292) were female. Furthermore, the offenses with the highest number of arrests were drug/narcotic offenses (238), driving under the influence (121), and simple assault (89).

Note that the above arrest statistics only reflect arrests made by the Decatur County Sheriff's Office and the Greensburg Police Department.

Find Decatur County Arrest Records

Most Decatur County arrest records are generated and maintained by local law enforcement agencies, such as the Decatur County Sheriff’s Office and municipal police departments operating within their respective jurisdictions. Therefore, individuals seeking arrest records in Decatur County can direct their attention to these agencies.

Generally, local law enforcement agencies can only provide records of arrests that they specifically made. For instance, the Greensburg Police Department cannot provide records of arrests made by the Decatur County Sheriff’s Office and vice versa. Thus, record seekers must ascertain the agency that made the arrest record they are looking for to direct their request appropriately. If they have trouble identifying the agency, a good rule of thumb is to contact the local police department of the municipality where the arrest occurred. Subsequently, they can extend their search by contacting the Decatur County Sheriff’s Office. This is because the local police departments are responsible for most arrests within their respective municipalities, while the Sheriff’s Office can make arrests anywhere within the county.

Each law enforcement agency may vary in its acceptable methods, procedures, and fees for requesting or accessing arrest records. Regardless, record seekers must provide the custodian agency with specific details about the arrest record they seek to identify it. These details include the report case number, name of the arrestee, arrest date and time, and the address or location of the arrest.

In Decatur County, most law enforcement agencies accept in-person requests for public records, including arrest records, that they maintain. Some agencies may also accept other request methods and provide a dedicated request form that individuals can use. For instance, the Greensburg Police Department provides a record request form that record seekers can complete and submit to request arrest records in the agency's custody.

Free Arrest Record Search in Decatur County

Interested individuals may conduct free searches for arrest records in Decatur County by visiting a law enforcement agency to request and review public arrest records in person. However, agencies typically charge individuals a fee for copies of documents they request. For instance, the Greensburg Police Department charges $5 per report.

How Long Do Arrests Stay on Your Record?

Arrests can remain on an individual’s criminal record indefinitely unless they are expunged or sealed. Generally, the Indiana Code does not impose a timeframe for how long arrest records stay on an individual's criminal record. However, agencies usually have an internal record retention schedule that determines how long they keep records on file.

Expunge Decatur County Arrest Records

Expungement is a court-ordered process that removes or restricts public access to an arrest, charge, or conviction on an individual’s criminal records. In Decatur County, IC 35-38-9, also known as the Second Chance Law, governs the procedures and eligibility requirements for expungement applications. According to IC 35-38-9-1, an individual’s record may be eligible for expungement if they were arrested, charged with an offense, or alleged to be a delinquent child, and the following is true:

• The person is currently not participating in a pretrial diversion program.
• The arrest, criminal charge, or juvenile delinquency allegation:
  • Did not result in a conviction or juvenile adjudication
  • Resulted in a conviction or juvenile adjudication that was vacated on appeal

Generally, there is a one-year waiting period after the date of arrest, criminal charge, juvenile delinquency allegation, or the option vacating the conviction or adjudication becomes final before eligible individuals can petition for record expungement. If the one-year waiting period has been exhausted, eligible persons can request the expungement of qualifying records using a drafted expungement petition. They can either draft the expungement petition form themselves or consult a licensed attorney for assistance. Regardless, per IC 35-38-9, the petition must contain the following information:

• The arrest, criminal charge, juvenile delinquency allegation, or conviction date.
• The county where the arrests occurred, the indictment, or the 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 names and driver's license number
  • A list of each criminal charge and its corresponding disposition (if applicable)
• The petitioner's birth date and social security number.

In Decatur County, eligible individuals can file their drafted expungement petition with the County Circuit or Superior Court. Fortunately, there is no fee for record expungement. Once the court receives the petition, a copy will be forwarded to the prosecuting attorney. Subsequently, the court may grant the expungement order without a hearing. However, if the prosecuting attorney opposes the petition, a hearing will be scheduled within 60 days.

Decatur County Arrest Warrants

A Decatur County arrest warrant is a court order that grants law enforcement officers the authority to arrest an individual for an alleged crime. Per IC 35-33-2-1, a judge may issue an arrest warrant upon receiving an indictment charging a defendant with an offense, provided they determine there is sufficient probable cause to believe the defendant committed the offense outlined in the indictment. According to IC 35-33-2-2, an arrest warrant must be in writing and include the following information:

• The name of the person to be arrested (if known) or any name or description that can be used to identify them with reasonable certainty
• Details about the nature of the offense
• The date and county of issuance
• Signature of the clerk or judge of the originating court
• Amount of bail (if any)

Do Decatur County Arrest Warrants Expire?

It depends. Per IC 35-33-2-4, an arrest warrant issued for a misdemeanor offense expires 180 days after issuance. On the other hand, an arrest warrant issued for a felony offense or a rearrest for any offense never expires.