Montgomery County Arrest Records

Per IC 35-33-1-1, a law enforcement officer can arrest someone if they have good reason to believe the person has committed, is committing, or is trying to commit a crime. In Montgomery County, people arrested are usually held at the Montgomery County Jail, run by the County Sheriff's Department. This department, along with other local police departments, generates and maintains arrest records. However, one may also find arrest records as part of public records kept by other state and local agencies. For example, information regarding an arrest might be found in Montgomery County court records.

Are Arrest Records Public in Montgomery County?

Yes. According to the Indiana Access to Public Records Act (APRA), anyone may obtain comprehensive information on governmental affairs and the official actions of those who represent them as public officials and employees. However, some records are confidential and may not be viewed by the general public.

• Records protected by federal or state laws
• Confidential information about an individual or organization
• Any social Security number found in the records of a public agency
• An informant's identity
• Investigatory records of law enforcement agencies.

What Do Public Arrest Records Contain?

One can obtain the following information in a Montgomery County arrest record:

• First and last name of the offender
• Date of birth, sex, age
• Physical features such as hair color, eye color, height, weight
• Booking and release date
• Booking photo
• Charges
• Custody status
• Court arraignment date.

Montgomery County Arrest Statistics

According to statistics provided by the Indiana State Police (ISP), 1327 arrests were made in 2023, with 498 arrests for traffic offenses, 482 for drug-related offenses, 290 for court offenses, and 117 for general crimes such as resisting law enforcement agents, disorderly conduct, and criminal mischief. Furthermore, 86 arrests were made for violent crimes such as domestic battery, battery, and intimidation, with 85 arrests made for property crimes such as theft, burglary, trespassing, and others.

Find Montgomery County Arrest Records

Anyone seeking information regarding an inmate or arrest may contact the Sheriff's Montgomery Sheriff's Department.

Montgomery County Sheriff's Department
600 Memorial Drive
Crawfordsville, IN 47933
Phone: (765) 362-3740
Fax: (765) 362-1587

It is also possible to find information on arrested persons in state prisons through the Incarcerated Search online tool maintained by the Indiana Department of Corrections. To complete a search, fill in the first and last name of the inmate or the DOC number of the inmate.

As an alternative, the Federal Bureau of Prisons' Federal Inmate Locator is a resource for anyone seeking arrest documents about a federal arrestee. By entering the inmate's first and last name or BOP register number, one can look up the inmate.

Free Arrest Record Search in Montgomery County

Members of the Public may conduct a free arrest record search by contacting the arresting agency or using the search tool provided by the record custodians. Public records search services are also available on third-party websites.

Performing a free basic search of an arrest record using a subject's first and last name is possible. However, a searcher may need to purchase the full search results or subscribe to obtain additional information. Furthermore, it is important to note that the accuracy and completeness of the records may vary because third-party service providers are not affiliated with the state or county government.

How Long Do Arrests Stay on Your Record?

It depends. Under Indiana's expungement laws, individuals who are arrested or charged with a felony but found not guilty do not have to request an expungement. The court will also order the expungement of all records about the criminal charges or accusations of juvenile delinquency. Similarly, per IC 35-38-9-1, a judge will immediately order the expungement of an arrest record if no charges are filed 180 days following the arrest. It is also possible for all criminal charges to be automatically deleted 60 days after dismissal or acquittal.

Expunge Montgomery County Arrest Records

In Indiana, expunging an arrest record is defined under I.C. 35-38-9 as limiting access to and utilization of arrest and conviction records. One may file a petition to expunge a Montgomery County arrest record at the relevant county's circuit or Superior Court where the criminal charges or juvenile delinquency allegation was heard.

After an expungement request is submitted along with a certified expungement order, the relevant court will notify the Montgomery County prosecuting attorney, setting the matter for hearing. However, a person's eligibility for an expungement is based on the entire criminal history of the person, and not just the particular conviction that the person seeks to expunge. Individuals eligible for an expungement fall into the following categories

• All misdemeanors, as well as Class D and Level 6 felonies, decreased to misdemeanors
• Felonies that do not include the death of someone or serious bodily injury
• Level 6 or Class D felonies that do not result in bodily harm
• Arrests without a criminal conviction or juvenile adjudication.

Montgomery County Arrest Warrants

An arrest warrant is a document that a judge or court clerk issues to a peace officer directing that a person be apprehended and taken into custody. Under IC 35-33-2-1, a Montgomery County arrest warrant is issued when an indictment accusing an individual of committing a crime is filed against the subject. It is also issued when a court officer or judge determines there is probable cause to believe a person committed a crime.

An arrest warrant shall be in writing and may possess the following information:

• The name of the subject or an alias or physical description through which the subject may be identified with reasonable certainty
• The nature of the offense for which the warrant is issued
• Date and county where the warrant was issued
• Signature of the clerk or judge of the court along with the title of office
• An order that the person named in the warrant be taken into custody and brought before the court without delay
• Bail amount, if applicable.

Do Montgomery County Arrest Warrants Expire?

It depends. Per IC 35-33-2-4, the nature of the offense determines whether an arrest warrant in Wayne County is valid. An arrest warrant for a misdemeanor is only valid for 180 days after it has been issued.

On the other hand, arrest warrants for felonies and rearrests for other offenses do not expire. A sheriff may return an expired warrant to the court's clerk with the note that it has expired. The clerk shall record that the warrant has expired and notify the county prosecuting attorney. The court will issue another warrant at the request of the prosecuting attorney.