Miami County Arrest Records

The Kansas Statutes § 22-2202 (4) defines an arrest as the act of taking a person into custody to ensure that they are prosecuted for a crime they are suspected to have committed. In Miami County, arrests are typically conducted per Kansas Statute § 12-4212 following the issuance of a warrant or when there is probable cause to believe that a crime has been committed. This statute also states that an arrest becomes necessary if the person being held presents an immediate threat, declines to give a written commitment to appear in court, is unidentified, or is not a resident of Kansas. In Miami County, detained people are often kept in the Miami County Jail, which can hold up to 96 prisoners.

Law enforcement agencies, such as the Miami County Sheriff's Office or local police departments, are the primary custodians responsible for generating and maintaining arrest records in Miami County. These custodians forward copies of arrest records to the court for inclusion in the judiciary system's public records database. As a result, Miami County arrest records may also make up part of Miami County Court Records.

Are Arrest Records Public in Miami County?

Yes, the state of Kansas considers arrest records in Miami County public records. The Kansas Open Record Act, found in Kansas Statute § 45-218, states that all records of public agencies shall be open for inspection by any person. This suggests that anyone may request access to arrest records with law enforcement agencies in Miami County.

However, not all the information in arrest records is always available to the public. Certain parts of arrest records in Kansas may not be disclosed, including the following:

• Records of ongoing criminal investigations
• Records that could reveal the identity of victims of crimes like sexual assault, etc.
• Juvenile records

What Do Public Arrest Records Contain?

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

• Personal Information: The arrested person's name, birthdate, and address.
• Details Regarding the Arrest: The place, date, and time of the arrest, as well as the agency that made the arrest.
• Charges: The criminal allegations made against the individual.
• Booking Details: Details about the booking procedure, such as the fingerprints, mugshot, and booking number.
• Bond Information: Information regarding any posted bond or bail for the individual's release.
• Court Details: Details about the court hearing the case, including hearing dates and case numbers.

Miami County Arrest Statistics

The Kansas Adult Arrests 2021, published by the Kansas Bureau of Investigation, contains the most recent arrest data submitted by the Miami County law enforcement agencies. It reveals that Miami County witnessed 301 arrests in 2021. Of these, the highest arrest category was "Drug Offense," with 13.2% of the recorded apprehensions (40 arrests). This was followed by "Simple Battery 2," at 8.3% (25 arrests) and "Driving Under Influence" at 4.9% (15 arrests).

Among Miami County's city police departments, the Paola Police Department recorded 107 arrests, which comprised 35.5% of the total arrests in the county. The Louisburg Police Department reported 40 arrests (13.2% of the total county arrests), while the Osawatomie Police Department documented 2 arrests (0.6%).

Find Miami County Arrest Records

Interested persons may look up Miami County arrest records via the Kansas Bureau of Investigation (KBI) database. The KBI provides public access to criminal records, including arrest records, through the name-based online portal search, name-based mail-in search, and fingerprint-based mail-in search.

Requesters may perform a name-based search at $20 using the web portal search option after creating an account. If a requester would rather use the name-based mail-in search option, they may submit a completed criminal record search form to the KBI's office in Topeka, Kansas. Certified name-based searches via mail cost $30. Requesters who choose to use the fingerprint-based mail-in search option are to pay $45 and complete a fingerprint card from the KBI, which can be done at the Miami County Sheriff's Office or another authorized service location. Along with a self-addressed stamped envelope, mail requests should be sent to:

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

Free Arrest Record Search in Miami County

Third-party websites offer free access to arrest records. These websites compile records from official sources and make them accessible through user-friendly interfaces that let users search for records by name, birthdate, or other pertinent information, even though they are operated independent of official resources

How Long Do Arrests Stay on Your Record?

The length of time an arrest record stays on a person's record in Miami County is not specified by Kansas state law. Until these records are expunged through a legal process, they are often accessible. The requirement for expungement is often determined by the type of offense committed and other relevant circumstances.

Expunge Miami County Arrest Records

Those with arrest records in Miami County may petition the court to expunge them. Expungement may assist people in getting over obstacles to housing, work, and other opportunities that may otherwise be denied them. Section 22-2410 of the Kansas Statutes states that there are only certain circumstances in which a person may be expelled. These circumstances include cases where the arrest resulted from mistaken identity or when another person used the individual's identifying information during an investigation or due to misidentification by law enforcement or witnesses. Before applying for expungement, the charges must have been dismissed or not prosecuted. The prosecuting attorney or judicial officer must notify the court of this decision.

An expungement petition should include the petitioner's entire name, any name changes since the arrest, race, date of birth, sex, kind of crime, arrest date, and the arresting agency. A $176 docket fee is typically required for filing. Following submission, the district court schedules a hearing date. Any individuals opposing the expungement at this hearing may provide testimony, and the court may review the petitioner's background.

If granted, the expungement order requires the removal of the arrest record from public access and related databases. Records custodians can only reveal expunged records with the petitioner's permission. Although expungement restricts public access, there are several exceptions. When applying for some employment, such as those with the Kansas Department for Aging and Disability Services, private investigators, law enforcement, gaming, or sensitive occupations as defined by Kansas law, the petitioner may still be granted access to records.

Miami County Arrest Warrants

Kansas Statute § 22-2202 (u) defines an arrest warrant as a written directive from a magistrate instructing law enforcement to apprehend the individual mentioned in the warrant. In Miami County, the judge or magistrate of the district court issues these warrants. An arrest warrant may be necessary in cases involving an individual who poses a threat to public safety, an individual believed to be a flight risk, facing criminal charges, or defying court orders.

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

• The name of the person who is about to be arrested
• The alleged offense's description
• The court or magistrate in charge of issuing the warrant
• Date of issue
• The required bail amount, if any.

Do Miami County Arrest Warrants Expire?

Miami County arrest warrants never expire. However, the issuing judge may cancel unexecuted warrants according to the procedure for the execution, service, and return of an arrest warrant outlined in Kansas Statute § 22-2305.