Butler County Arrest Records

According to Kansas Statutes § 22-2202 (4), an arrest in Butler County involves taking a person into custody for a crime they are suspected of committing. Under the authority of Kansas Statute § 12-4212, Butler County law enforcement officers are authorized to make arrests under the following specific conditions:

• When a warrant is issued
• When they have probable cause to believe a crime, particularly one involving bodily harm, has been committed
• When detaining an individual who refuses to provide a written promise to appear in court, lacks identification, is not a Kansas resident, or poses an immediate threat.

However, officers cannot arrest individuals solely for minor ordinance violations unless they have failed to appear after receiving a notice to appear. Those arrested in Butler County are typically held at the Butler County Adult Detention Facility, located at 701 South Stone Road, El Dorado, KS 67042. The Butler County Sheriff's Office generates arrest records, which are essential in the criminal justice process and become part of an individual's criminal history.

It is important to note that an arrest cannot be considered proof of an individual's guilt, and arrest records provide limited information about actual convictions. Thus, for a more complete understanding of the legal proceedings, inquirers may consult Butler County Court Records, as these records include document filings, hearings, and court decisions. For instance, an arrest record may indicate that someone was taken into custody for assault, but by reviewing court records, one can find additional details, such as whether charges were filed, the defendant's plea, and the case's outcome.

Are Arrest Records Public in Butler County?

Arrest records in Butler County are typically classified as public records according to Kansas Statute § 45-218. Nevertheless, it is crucial to acknowledge that specific types of data in these documents might be excluded from public access. This is done to safeguard confidential data and current inquiries.

For instance, records from criminal investigations, such as those with undercover agents or confidential informants, are frequently kept private. This is done to ensure the investigations' credibility and to keep the individuals involved safe. Also, details that could expose the identity of a victim, especially in situations involving delicate offenses such as sexual assault, might be edited or kept confidential. This is carried out to safeguard victims' confidentiality and avoid possible harm or re-traumatization.

What Do Public Arrest Records Contain?

In Butler County, public arrest records typically contain the following information:

• Personal Information: The person in custody's name, birth date, and place of residence.
• Information about the arrest: the agency that made the arrest, the date and time of the arrest, and the location of the arrest.
• Charges: The specific criminal accusations against the person.
• Booking Details: Information related to the booking process, including the booking number, mugshot, and fingerprints.
• Bond Information: Details of any bail or bond posted for the person's release.
• Court Details: Information about the court handling the case, such as case numbers and hearing dates.

Butler County Arrest Statistics

The most recent arrest data for Butler County is available in the Kansas Adult Arrests 2021 document, published by the Kansas Bureau of Investigation. This document reveals that 671 adult arrests were made in Butler County. These figures, gathered via the Kansas Incident-Based Reporting System (KIBRS), offer insights into the county's arrest patterns and law enforcement priorities. The Butler County Sheriff's Office accounted for a substantial portion, reporting 204 arrests for drug-related offenses, making up 30.4% of its total arrests. Disorderly conduct was the second-most frequent offense for the sheriff's office, with 87 arrests—approximately 13.0% of its total, underscoring efforts to maintain public order.

Among Butler County's city police departments, the El Dorado Police Department recorded 191 arrests, which comprised 28.5% of the county's total arrests by city agencies. The Augusta Police Department reported 99 arrests (or 14.8% of the total city arrests), while the Andover Police Department documented 134 arrests (or 20.0%).

Find Butler County Arrest Records

To locate Butler County arrest records, interested persons can use the options offered by the Kansas Bureau of Investigation. The Kansas Bureau of Investigation provides name-based online portal search, name-based mail-in search, and fingerprint-based mail-in search for public access to criminal records, including arrest records.

The online portal search option requires the requester to create an account, after which they can conduct a name-based search for a $20 fee. For those preferring the name-based mail-in search option, the KBI accepts requests via a completed criminal record search form sent to their office in Topeka, KS. Mailed name-based searches are certified and cost $30. The fingerprint-based mail-in search option costs $45 and requires requesters to obtain a fingerprint card from the KBI, which can be completed at the Butler County Sheriff's Office or an authorized service point. All mail requests should include a self-addressed stamped envelope and be sent to:

Kansas Bureau of Investigation
Attn: Criminal History Records Section
1620 SouthWest Tyler
Topeka, KS 66612-1837

The Kansas Bureau of Investigation typically processes criminal record requests in 10 business days. These resources allow individuals to access verified information on Butler County arrests through state-supported online and mail-in options.

Free Arrest Record Search in Butler County

Third-party websites not affiliated with law enforcement agencies offer free resources for finding arrest records. These websites usually have simple interfaces that allow inquirers to search for documents by the subject's name, date of birth, or other relevant information. Nevertheless, it is crucial to acknowledge that these external websites might not constantly offer the latest information compared to official government databases. Moreover, certain websites may require payment for in-depth searches or extra functionalities.

Also, to safeguard sensitive information, users must thoroughly assess the privacy policies and data protection measures of any third-party website they opt for when conducting arrest record searches. This involves comprehending how the website acquires, retains, and safeguards personal data.

How Long Do Arrests Stay on Your Record?

Kansas State law does not specify the duration that an arrest record remains on a person's record in Butler County, Kansas. These documents are usually available until they are expunged or sealed through a judicial procedure. The conditions and qualifications for expungement differ based on the nature of the offense and other related factors.

Expunge Butler County Arrest Records

Individuals with arrest records in Butler County may petition for expungement to remove or seal these records, helping to avoid potential obstacles to employment, housing, and other opportunities. Under Kansas Statutes Section 22-2410, expungement eligibility is limited to cases where the arrest resulted from mistaken identity or when another person used the individual's identifying information, such as during an investigation or misidentification by law enforcement or witnesses. Before applying, the charges must be dismissed or not prosecuted, with the prosecuting attorney or judicial officer notifying the court of this decision.

The expungement petition must include the petitioner's full name, any name changes since the arrest, race, date of birth, sex, crime type, arrest date, and the arresting agency. A $176 docket fee is required for filing. After submission, the district court will set a hearing date, where anyone opposing the expungement may testify, and the court may review the petitioner's background.

Expungement is granted if the court finds one of the following:

• The arrest was due to mistaken identity.
• Investigations found no probable cause for the arrest.
• The petitioner was found not guilty.
• Expungement serves the best interests of justice.
• No charges were filed, or the charges were dismissed.

If granted, the expungement order mandates that the arrest record be removed from public access and related databases. Record custodians can only disclose the expunged records if they have consent from the person who petitioned it. While expungement restricts public access, there are still some exceptions. Access to records can still be obtained by the petitioner when applying for specific roles, such as with private investigators, the Kansas Department for Aging and Disability Services, or jobs in law enforcement, gaming, or sensitive positions as defined by Kansas law.

Butler County Arrest Warrants

According to Kansas Statute § 22-2202 (u), an arrest warrant is a written directive from a magistrate instructing law enforcement to apprehend the individual specified in the warrant. Local courts, such as municipal or district courts in Butler County, issue these warrants. There are several reasons why arrest warrants may be issued in Butler County, such as not showing up for court, not following court orders, or facing new criminal charges.

According to Kansas Statute § 12-4208, an arrest warrant typically contains the following details:

• The name of the individual who is to be apprehended
• Explanation of the allegations
• The authority responsible for issuing the warrant (judge or magistrate)
• Issuance date
• Amount of bail required (if necessary)

After issuing an arrest warrant, law enforcement can arrest the specified person within the jurisdiction. After being apprehended, the person could be detained at a jail until their scheduled court date.

Do Butler County Arrest Warrants Expire?

Kansas Statute § 22-2305 outlines the procedures for the execution, service, and return of an arrest warrant in Butler County. The statute does not specify an expiration date for arrest warrants but does state that the issuing judge may cancel an unexecuted warrant.