Montgomery County Arrest Records

Law enforcement in Kansas is authorized by law to take into custody individuals suspected of crimes. Montgomery County, Kansas, arrest records detail the arrests that occur within the county. The Montgomery County Sheriff's Office serves as the main law enforcement agency in the county. Suspects arrested in Montgomery are held in the Montgomery County jail operated by the sheriff's office until they are arraigned before a judge in the county court.

Arresting agencies such as the sheriff's office typically generate Montgomery County arrest records. However, arrest records may also be part of Montgomery County Court Records maintained by the county clerk of courts or criminal histories with the Kansas Bureau of Investigation (KBI).

Are Arrest Records Public in Montgomery County?

The Kansas Open Records Act classifies arrest records in Montgomery County as public records. This means that unless the record is restricted or exempted by law, the general public may request, inspect, and copy the record. Examples of records exempted from public disclosure include the following:

• Any medical, psychiatric, or psychological treatment records that may identify the patient
• Information that would identify any witness, confidential informant, or undercover agent reporting a crime
• Arrest records concerning juveniles and minors
• Records that have been sealed or expunged by a court order
• Records under privilege, such as attorney-client privilege

Montgomery County Arrest Statistics

The Montgomery County Sheriff submits arrest statistics and other crime data to the FBI national database. The data for 2023 showed that the sheriff's office reported 423 arrests that year. The total included 30 arrests for simple assaults, 16 arrests for drug offenses, 15 arrests for driving under the influence, five arrests for burglary, four arrests for aggravated assaults, three arrests for disorderly conduct, two arrests for motor vehicle theft, and one arrest each for arson and weapons violations.

Find Montgomery County Arrest Records

Record seekers may obtain Montgomery County arrest records and inmate information from the Montgomery County Sheriff and the Montgomery County Detention Center located at:

Montgomery County Sheriff's Office
300 East Main Street
Independence, Kansas 67301
Office Phone: (620) 330 -1000
Office Fax: (620) 331-1686
Detention Center Phone: (620) 330-1240
Detention Center Fax: (620) 330-1119

Inmate records may be found online in the Incarcerated List on the Detention Center webpage. The Kansas Department of Corrections (KDOC) also provides access to inmate information for state-operated facilities via the online Offender Search on the KDOC website. Interested parties may also find information on inmates held in federal prisons using the Inmate Locator Tool maintained by the Federal Bureau of Prisons.

Montgomery County Arrest Records Vs. Criminal Records

Montgomery County arrest and criminal records are records that document aspects of an individual's interactions with the criminal justice system. Arrest records focus on arrests and are generated when a suspect is booked after their arrest. They generally contain information about the suspect and events surrounding the arrest, such as details of the crime. Arrest records do not mean a person was guilty of the crime; they merely show someone was apprehended on suspicion of a crime.

Criminal records, on the other hand, detail a person's full criminal history and are generated when a person passes through the legal system in full. They are generated by various agencies and contain details of all arrests, court proceedings, verdicts, sentences, jail time, or supervision, such as parole or probation.

How Long Do Arrests Stay on Your Record?

In Montgomery County, Kansas, arrest records will remain on a person's record permanently unless they take steps to seal or remove them. Interested parties may choose to remove arrests or convictions from their record using the expungement process. Under Kansas Expungement Law, applicants may petition the court to expunge an arrest or conviction if they meet the qualifications and the required time has passed. It should be noted that in Kansas, expunged records are sealed but not destroyed. Government agencies may still be able to access some records if they obtain a court order.

Montgomery County Arrest Warrants

Arrest warrants in Montgomery County, Kansas, are court orders authorizing law enforcement agents to capture and detain a person suspected of a crime and bring them before the court. These documents are issued by judges or magistrates after reviewing a complaint showing probable cause that the subject of the warrant committed a crime. The complaint must be made by a law enforcement officer using a sworn affidavit and show evidence demonstrating probable cause. If the judge finds sufficient evidence in the complaint, they issue a warrant authorizing the arrest.

An arrest warrant in Kansas generally contains the following information:

• The full name and an adequate description of the suspect
• The date and location where it was issued
• The specific crime committed and the particular laws and statutes it violates
• Bond details
• Orders to law enforcement to detain the suspect and bring them to court
• The name, title, and signature of the judge or magistrate who issued the warrant

Do Montgomery County Arrest Warrants Expire?

Once an arrest warrant is issued in Montgomery County, it does not expire. It remains in effect until the suspect is arrested, dies, or turns themselves in. The court that issued the warrant may also recall or quash the warrant. The warrant may be recalled or quashed if it was executed or the case is dismissed. The subject of the warrant may also petition for it to be removed and show evidence that it is unnecessary.

Expunge Montgomery County Arrest Records

Expungement in Kansas is a process by which an arrest or conviction is removed from a person's record. For a record to be expunged in Kansas, the applicant and the record must meet certain criteria, such as:

• The court found no probable cause for the arrest
• The case was dismissed, and no charges were filed
• The arrest happened due to a mistaken identity
• An expungement would be in the best interests of justice

Convictions may be expunged if they meet the criteria and the required amount of time has passed. Minor offenses, misdemeanors, and traffic violations may be expunged 3 years after completing all sentences and paying all fines. Some felonies and motor vehicle offenses may be expunged 5 years after completion of all sentences. The applicant must not have any pending cases against them or have been convicted of a felony in the last 2 years. It should be noted that some crimes, especially serious felonies, do not qualify for expungement.

If the applicant qualifies for expungement, they must file a petition for expungement at the court where the case was originally filed (Montgomery County District Court). Applicants must fill out the forms from the Montgomery County Clerk of Courts and pay the filing fees. After filing the petition, the applicant must inform the arresting agency and prosecutors about the petition.

The court reviews the petition and, depending on the situation, may set a date for a hearing to determine if the records will be expunged. If the court agrees, an order to expunge the record will be issued to all parties.