Whitley County Arrest Records

A Whitley County arrest record is usually created after a law enforcement officer apprehends an offender with or without a warrant. After the arrest, the offender will be handcuffed, read their Miranda Rights, and transported to the Whitley County Jail. The arresting officer will take the offender to the processing center and book them into the jail system. The booking process involves taking the offender’s mugshot and fingerprints and collecting relevant personal information from the defendant. The jail staff will also search the defendant, and all their personal belongings will be seized and kept until their release.

After a person is processed into the system, their arrest record becomes available to law enforcement agencies like the Whitley County Sheriff’s Office and the Court handling the case. The Court may also include the defendant’s arrest information in the Whitley County court records to facilitate the judicial process and enhance public dissemination of records.

Are Arrest Records Public in Whitley County?

Yes, The Access to Public Records Act (APRA), Indiana Code 5-14-3, provides the framework for requesting arrest records from law enforcement agencies. Therefore, anyone can submit a request to inspect or obtain copies of arrest records from the Whitley County Sheriff’s Office or local police departments. Most law enforcement agencies issue arrest records online and in person during regular business hours. However, they do not permit public disclosure of some arrest records, such as criminal intelligence information, investigatory records, and juvenile arrest records.

What Do Public Arrest Records Contain?

The Whitley County Sheriff’s Office makes the following arrest information available to members of the public:

• The offender’s personal information (mugshot, full name, current age, height, weight, hair and eye color, sex, and race)
• Case information (case number, status, bond type and amount, fine amount, sentence, and court date and time)
• Charges (code, court type and name, offense date, arrest date, and arresting agency’s name)
• Booking date and time, cell number, release date, and city

Whitley County Arrest Statistics

Between January and November 2024, the Indiana Department of Correction (IDOC) incarcerated about 26 state arrestees in the Whitley County Jail. About 18 of them were male, while only 8 were female. In 2023, the IDOC had about 34 newly admitted arrested persons and 37 adult releases from Whitley County.

Find Whitley County Arrest Records

The Indiana Department of Correction (IDOC) uses its Incarcerated Locator to disseminate arrest records to members of the public freely. Searches can be done by name or DOC number. Individuals can also visit any of the IDOC Facilities to obtain copies of Whitley County arrest records during normal business hours. The IDOC does not provide arrest records of federal offenders. Anyone seeking such records should visit the appropriate federal law enforcement agency. Most federal law enforcement agencies have online portals where record seekers can find arrest records for free. For example, the Federal Bureau of Prisons (BOP) has an Inmate Locator where requesters can find Whitley County arrest records. The search parameters are number (BOP register number, DCDC number, FBI number, or INS number) or name (first, middle, or last). The U.S. Immigration and Customs Enforcement (ICE) also has an Online Detainee Locator System that issues arrest information without charges. A search can be conducted using A-Number or biographical information.

Free Arrest Record Search in Whitley County

The Whitley County Sheriff’s Office provides free arrest information online through a third-party vendor. Users can enter a first or last name in the search box or search the inmate list to locate a record. Individuals can also search for free arrest records using other third-party sites. However, these platforms do not return detailed arrest records except for a fee.

How Long Do Arrests Stay on Your Record?

The Indiana Archives and Records Administration (IARA) outlines the retention periods for certain arrest records in its Records Retention Schedules. For example, custody logs are kept for 2 years, and incident reports for 3 years. However, the majority of arrest records remain permanent unless they are expunged.

Expunge Whitley County Arrest Records

According to IC 35-38-9-1, only the following individuals are eligible for expungement in Whitley County:

• Individuals whose arrest did not result in a conviction or it resulted in a conviction but was vacated on appeal
• Individuals who have successfully completed their pretrial diversion program.
• One year has passed since the arrest.

Eligible individuals can file a petition for expungement of records with the Whitley County Circuit or Superior Court. The Court will send a copy of the petition to the Whitley County Prosecuting Attorney, who can either approve or object to the request. The Court will grant the petitioner’s request if they meet the expungement requirements. Once the petition is granted, state and local law enforcement agencies will remove the petitioner’s arrest records from their repositories.

Whitley County Arrest Warrants

According to IC 35-33-2-1, arrest warrants can only be issued in Whitley County when:

• An indictment accusing a person of committing an offense or
• A judge has determined from information filed with them that there is probable cause to believe a person has committed a crime.

An arrest warrant is always in writing and must specify the name of the person to be arrested (IC 35-33-2-2). However, the judge can designate the defendant with any name or description if the name is unknown. The arrest warrant must contain the nature of the offense committed by the defendant, the date and county of issuance, and the clerk or judge’s signature with their title of office. It must command that the defendant be arrested and brought before the issuing Court, specify the bail amount of bail, and be directed to the Whitley County Sheriff. According to IC 35-33-2-3, any law enforcement officer in Indiana can execute an arrest warrant issued in Whitley County at any time.

Do Whitley County Arrest Warrants Expire?

Yes, arrest warrants for misdemeanor offenses expire after 180 days, as per IC 35-33-2-4. However, arrest warrants issued for felonies and rearrest warrants for any offense do not expire. The Whitley County Sheriff must return all expired arrest warrants to the Clerk of the Court that issued them. The Clerk will enter the expiration of the warrant in its database and notify the Whitley County Prosecuting Attorney that the warrant has expired. The Court will issue another arrest warrant if the attorney requests it.