Kosciusko County Arrest Records

According to I.C. § 35-33-1-5, an arrest is the process of taking a person into custody so that they can be held to answer for a crime. A Kosciusko County law enforcement officer can make an arrest in compliance with the provisions set forth in IC§ 35-33-1-1. Typically, an arrest may be conducted:

• Following the issuance of an arrest warrant for a specific individual
• When there is probable cause to believe a felony is committed or about to be committed by a person.
• If a law enforcement agent witnesses a criminal offense
• When there is probable cause to believe that a person has violated state statutes involving invasion of privacy, unlawful carrying of a handgun, interference with reporting a crime, or undisclosed transport of a dangerous device.

After an arrest, the officer is legally required to compile all the information about the arrested person and the circumstances surrounding the arrest to create an arrest record. This record is usually made available to the public online and in person at the Kosciusko County Sheriff's Office and other law enforcement agencies. However, members of the public may also find arrest information in Kosciusko County Court Records. This is because most arrestees face trial at Kosciusko County Circuit of Superior Court, and the information available in their arrest records is included in records maintained by the Court that heard their case.

Are Arrest Records Public in Kosciusko County?

Yes, according to the Access to Public Records Act (APRA). This act provides that members of the public have the right to arrest information maintained by state and local law enforcement agencies. Therefore, anyone can inspect or copy arrest records in Kosciusko County during a custodian's regular business hours. However, the public is exempt from accessing juvenile arrest records, criminal intelligence information, investigatory records, and Social Security numbers contained in the arrest records of a law enforcement agency.

What Do Public Arrest Records Contain?

Law enforcement agencies in Kosciusko County typically provide the following arrest information to members of the public:

• General inmate information, such as holding facility, full name, age, and visitation schedule
• Charges and bail information (charge, bail amount, and additional information pertaining to the arrest)
• Court information (next court appearance, date, and time)

Kosciusko County Arrest Statistics

The Indiana Department of Correction (IDOC) provides annual Incarcerated Population Statistical Reports for the public. These reports reveal monthly statistics of all individuals incarcerated in county jails. Between January and September 2024, Kosciusko County Jail housed about 71 arrested persons. About 61 of them were males, while 10 were females. The 2023 report shows that approximately 97 arrestees were housed in Kosciusko County Jail. Male arrestees totaled 85, while female arrestees totaled 12.

Find Kosciusko County Arrest Records

Individuals can visit any of the Indiana Department of Correction (IDOC) facilities across the state to inquire about the arrest records of Kosciusko County in their custody. They would need to provide basic arrest information useful in locating the record. Those unable to visit the facilities can use the IDOC's Incarcerated Search Tool to view the arrest records of an inmate. Searches can be done by name or DOC number.

Sometimes, requesters might not find an offender's information in state prisons. This could be because the offender is housed in a federal prison. Arrest information of such individuals can only be retrieved from federal law enforcement agencies like the Federal Bureau of Prisons (BOP), United States Capitol Police (USCP), U.S. Immigration and Customs Enforcement (ICE), and Federal Bureau of Investigation (FBI). Most of these agencies issue arrest records to members of the public for free, except the FBI. The FBI charges a fee of $18 to provide arrest records to subjects of records online, by mail, or through approved channelers.

Members of the public can use the BOP's Inmate Locator, USCP's Arrest Summary Report tool, and the ICE's Online Detainee Locator System to conduct arrest record charges without fees. The search criteria are usually the inmate's full or partial name, CFN number, crime date, crime summary, crime type, A-Number, or biographical information based on the portal. Some of these agencies also have facilities (BOP facilities and ICE local field offices and detention facilities) across Indiana where individuals can obtain copies of records. The USCP specifically accepts mail requests, but requesters must send a completed Request Form to have their requests processed.

Free Arrest Record Search in Kosciusko County

The Kosciusko County Sheriff's Office has a Current Inmate List on which individuals can view the arrest information of all inmates in the county jail without any fees. Users can begin their search by entering the last name of an arrestee. As they begin typing letters, names similar to the one being searched will appear in a dropdown. Select any name from the list, then click the "Continue" button to view the person's arrest records. Individuals can also find arrest information for free on third-party databases. However, most third-party aggregate sites will provide limited information to free users. To access complete or more comprehensive information, searchers may be required to pay a nominal fee.

How Long Do Arrests Stay on Your Record?

Law enforcement agencies in Kosciusko County keep arrest information in their records indefinitely. However, they permit eligible persons to submit requests to remove their arrest records from the state central repository for arrest information or restrict public access to them. The Indiana Archives and Records Administration (IARA) outlines the Records Retention Schedules for some arrest records maintained by the Department of Correction. For example, custody logs are kept for 2 years after the last date on the log. Offender identification records are destroyed after the release of the person from the correctional facility.

Expunge Kosciusko County Arrest Records

The process of expunging arrest records in Kosciusko County varies depending on the criminal case. The Indiana Statutes categorizes this process as follows:

• Category 1: Individuals whose arrest or charges did not result in convictions and are not currently participating in pretrial diversion programs (I.C. § 35-38-9-1).
• Category 2: Individuals convicted of misdemeanors, including Class D felonies or Level 6 felonies reduced to misdemeanors (I.C. § 35-38-9-2)
• Category 3: Individuals convicted of Class D or Level 6 felonies without Bodily Injury (I.C. § 35-38-9-3)
• Category 4: Individuals convicted of felonies without serious bodily injury or death of another person (I.C. § 35- 38-9-4)
• Category 5: Other eligible felonies that didn't result in the death of another person (I.C. § 35-38-9- 5)

Each category has its own waiting periods, requirements, and information to be included in the petition form. For example, individuals acquitted of the crime for which they were arrested would have to wait a year after the arrest date to file a petition to expunge their records.

Eligible petitioners must complete the appropriate expungement form and file it in the Kosciusko County Circuit or Superior Court. The Courts do not charge fees to expunge arrest records for non-conviction arrests. However, a filing fee of $157 applies to the expungement of records of arrests that resulted in convictions. The Court shall serve a copy of the petition on the prosecuting attorney. If the arrestee's record is eligible for expungement, the Court will issue an order granting a petition for expungement. Afterward, the Court will send a copy of the verified petition and order granting the petition to the Indiana State Police Expungement Section for processing.

Kosciusko County Arrest Warrants

Under I.C. § 35-33-2-1, a court will issue an arrest warrant for a defendant's arrest when there is probable cause from an indictment filed with them to believe the defendant committed a crime. An arrest warrant is usually in writing, and it (I.C. § 35-33-2-2) will:

• Specify the name of the person to be arrested. However, the judge can designate any name for the person or a description by which they can be identified if the name is unknown.
• State the date and county of issuance.
• State the nature of the offense committed by the defendant.
• Be signed by the clerk or the judge of the Court with the title of their office.
• Command that the defendant be arrested and brought before the issuing Court immediately.
• Specify the bail amount and be directed to the Kosciusko County Sheriff.

Per I.C. § 35-33-2-3, an officer can execute an arrest warrant issued in Kosciusko County on any day of the week and at any time, whether day or night.

Do Kosciusko County Arrest Warrants Expire?

Pursuant to I.C. § 35-33-2-4, an arrest warrant issued for a misdemeanor offense expires one hundred eighty (180) days after the issuance date. However, an arrest warrant issued for a felony offense does not expire. Kosciusko County is required by law to return expired arrest warrants to the issuing Court. The Clerk of Court will enter the fact that the warrant has expired in their records and notify the Kosciusko County prosecuting attorney. The Court will issue another warrant based on the prosecuting attorney's request.