Pottawatomie County Arrest Records

In Pottawatomie County, Kansas, arrests become necessary when peace officers have probable cause to believe an individual has committed a crime. According to Section 22-2401 of the Kansas Statutes Annotated (K.S.A.), peace officers are legally authorized to arrest individuals who have active warrants or were observed engaging in illegal activity. Arrested individuals are typically supervised at the Pottawatomie County Jail, where they will be held until their court date or be later allowed to bail out, depending on the severity of the alleged crime.

In Pottawatomie County, the Sheriff's Office and other local police departments are primarily responsible for creating, generating, and managing arrest records. These records contain important details about the arrest, such as the arrestee's name and the nature of the crime.

Pottawatomie County arrest records are closely related to other public records, including the Pottawatomie County court records and police incident reports.

Are Arrest Records Public in Pottawatomie County?

Yes, According to Section 45-215 et seq., of Kansas Statutes Annotated (K.S.A.), the Kansas Open Records Act (KORA), Pottawatomie County arrest records are part of the state's public records and, as such, open for public access and review.

Nonetheless, specific records/information are withheld from public disclosure, particularly where disclosure would pose a security threat to an individual or affect judicial proceedings.

Per K.S.A. 45-221, the following records are generally exempt from public disclosure:

• Juvenile offender records
• Health records
• Personal details of a witness, undercover agent, or confidential informant
• Records privileged under the rules of evidence
• Criminal intelligence details
• Records relating to an ongoing investigation

What Do Public Arrest Records Contain?

Pottawatomie arrest records open to the public include details not exempt under the Kansas Open Records Act. These records typically provide a snapshot of the events of the arrest, including the following:

• Full name of arrestee
• Physical attributes of the arrestee, such as hair color, eye color, height, race, gender, among others
• Date and time of arrest
• The place where the arrest took place
• Arresting agency
• Booking information
• Alleged offense
• Mugshot

Pottawatomie County Arrest Statistics

Pottawatomie County arrest statistics can be obtained from the Federal Bureau of Investigation's Crime Data Explorer. However, the portal does not provide county totals; instead, arrest figures are accessible by the reporting agency.

For example, the Pottawatomie County Sheriff's Office recorded 282 arrests in 2023, with 198 male and 84 female suspects. Driving under the influence, disorderly conduct, and aggravated assault were identifiable as the most common arrests, with 15, 4, and 2 incidents reported, respectively.

Other agency stats (for different years as well) are also available on the CDE portal or by contacting local law enforcement agencies.

Find Pottawatomie County Arrest Records

Local law enforcement agencies in Pottawatomie County are responsible for generating and maintaining the county's arrest records. The Pottawatomie County Sheriff’s Office, which runs the local jail, also maintains booking and custody information on arrestees who may have been taken to the Pottawatomie County Jail. Individuals can request information about local inmates by calling or visiting the Sheriff's Office or jail.

Pottawatomie County Jail
108 North 1st Street
Westmoreland, KS 66549
Phone: (Sheriff): (785) 457-3353
Phone: (Jail): (785) 457-3707

At the state level, researchers can find information about persons who may have been arrested in Pottawatomie County but were sentenced to state prison through the Kansas Adult Supervised Population Electronic Repository (KASPER), provided by the Kansas Department of Corrections. This tool accepts searches by KDOC number or name.

Free Arrest Record Search in Pottawatomie County

Under the KORA, access to Pottawatomie County arrest records typically does not require a fee. As such, interested parties can query police departments for arrest information at no cost.

Numerous third-party websites are also available for researchers to access arrest records with a person's first and last name. Nonetheless, these platforms may have no official affiliations with the government; therefore, researchers are advised to verify record accuracy and authenticity.

How Long Do Arrests Stay on Your Record?

In Pottawatomie County, Kansas, arrests typically remain indefinitely on a person’s public record unless expunged by a court. As a result, the arrest may appear during background checks for employment or other purposes. Nonetheless, not all persons arrested in Pottawatomie can seek an expungement from the court system, and the state imposes required waiting periods before a person can apply for expungement.

Expunge Pottawatomie County Arrest Records

In Pottawatomie County, interested individuals can apply for their arrest records to be expunged under K.S.A. 22-2410. Such petitions are filed with the district court in the county of arrest (in this case, the Pottawatomie County District Court).

Individuals can file for expungement in Pottawatomie when they have dismissed charges, were arrested due to mistaken identity, or obtained nolle prosequi orders. The petitioner is responsible for preparing an adequate petition (forms for adult petitioners are available on the Kentucky Judicial Council's website).

Each expungement petition filed in Pottawatomie incurs a fee, which can be verified with the County Clerk of the Pottawatomie County District Court at (785) 457-3392. However, this docket fee is waived if:

• The arrest happened because of identity theft
• The criminal charges were dismissed upon a finding of no probable cause
• The petitioner received a not-guilty verdict
• The charges were dismissed

When a petition is filed, the court schedules a hearing and notifies the prosecuting attorney and the arresting law enforcement agency. If the court approves the petition, the arrest record will be removed from all applicable state and federal systems, and the petitioner will be treated as never having been arrested.

Pottawatomie County Arrest Warrants

An arrest warrant refers to a legal order issued by a magistrate or judge that grants law enforcement authority to arrest and detain an individual suspected of committing a crime.

The issuance of a Pottawatomie County arrest warrant is primarily governed by K.S.A. 22-2302. Under this law, a judge/magistrate can issue an arrest warrant if, based on an affidavit, complaint, or sworn testimony, there is probable cause to believe that:

• A crime has been committed, and
• The subject named in the complaint has committed the crime

Pottawatomie County arrest warrants typically contain the following details:

• Full name of the person to be arrested
• Alleged offense
• Date of issuance
• Signature of the issuing judge
• Instructions for the arresting officer
• Jurisdictional information, including county and court name

Do Pottawatomie County Arrest Warrants Expire?

No, Pottawatomie County arrest warrants do not expire. Once issued, they remain active indefinitely until any of the following happens:

• The individual named in the warrant is arrested
• The individual dies
• The court recalls or quashes the warrant