Lewis and Clark County Arrest Records

Arrests become necessary in Lewis and Clark County when law enforcement officers have probable cause to believe a person has committed a crime, per Montana Code Annotated 46-6-311. This may result from reports of criminal activity, direct observation of unlawful actions by the individual, or warrants issued by the court authorizing the law agents to make the arrest. In Lewis and Clark County, arrests aim to prevent further criminal behavior, ensure the offenders appear in court, and protect public safety.

Arrested individuals are typically remanded at the Lewis and Clark County Detention Center, where they are booked. The booking process involves collecting personal information, including names, dates of birth, addresses, alleged crimes, places of crime, and whether a vehicle was used in committing the crime. The Lewis and Clark County Detention Center is primarily used to hold individuals who have yet to be tried in court, transferred to other facilities, or are awaiting sentencing.

The County Sheriff's Office is responsible for creating arrest records. This typically involves documenting details such as the arrested person's name, the arresting agency, the alleged offense, and any other relevant arrest information. Arrest records, together with other documents, including Lewis and Clark County Court Records, help to foster transparency in criminal justice proceedings in the county.

Are Arrest Records Public in Lewis and Clark County?

Yes, as per the Montana Public Records Act, arrest records in Lewis and Clark are public records. Subsequently, Lewis and Clark's arrest records are available to the public for viewing and obtaining copies of the records. Additionally, the Montana Code Annotated § 44-5-301 grants the public access to arrest records during regular business hours. However, certain records are exempted from public disclosure due to the sensitive nature of the information contained in them. Arrest records can also be withheld from public disclosure if classified as confidential documents. According to MCA § 44-5-103(3)), the following records are exempt from public access:

• Arrest records relating to an ongoing investigation
• Juvenile arrest records
• Information about victims
• Fingerprints and investigative or intelligence photographs
• Criminal investigative and intelligence information

What Do Public Arrest Records Contain?

Per MCA 44-5-103(13), Lewis and Clark County Arrest Records typically contain details such as initial records of arrests and offenses, daily jail rosters, and bail information. Other details contained in arrest records include:

• Photograph (Mugshot)
• Name of the arrested person (First, middle, last)
• A physical description such as eye and hair color, weight, height, skin tone, and build
• Name of the arresting agency and the officer
• Charge information (specific charges, crime code, bond amount)
• Identification numbers like housing unit and jacket number and housing unit
• Booking ID, along with the date and time of booking

Lewis and Clark County Arrest Statistics

According to annual arrest statistics compiled by the FBI's Uniform Crime Reporting (UCR) Program, in the year 2019, Lewis and Clark County had a total number of 63 violent crimes, this included one murder or non-negligent manslaughter, 49 cases of aggravated assault, 12 cases of rape and one case of robbery. For property-related crimes, the county recorded 330 incidents, including 201 cases of larceny-theft, 74 cases of burglaries, and 55 motor vehicle thefts. Additionally, 3 cases of arson were reported in 2019.

In comparison to the 2018 report, Lewis and Clark County had 84 violent crimes. This included two cases of murder or non-negligent manslaughter, 18 rape cases, and 64 cases of aggravated assault. On the other hand, there were 438 cases of property-related crimes, including 112 cases of burglaries, 36 cases of motor vehicle theft, 290 cases of larceny theft, and 3 cases of arson.

Find Lewis and Clark County Arrest Records

To access public Lewis and Clark County Arrest Records, interested parties are to visit or contact any law enforcement agency in Montana. It is worth noting that while agencies grant access to public arrest records, confidential arrest records remain confidential and are only accessible to authorized criminal justice agencies. Below are the various avenues through which interested parties can obtain Lewis and Clark County Arrest Records:

• Montana Department of Justice (DOJ):

Through the DOJ's Criminal Records and Identification Services Section (CRISS), interested parties can initiate criminal background checks, which also include public arrest records. Checks can be done either by name or by fingerprint; regardless, both kinds of checks require a fee of about $10 to $30.

Fingerprint check: This option involves using a fingerprint card made available by local law enforcement agencies. This card can be submitted in person or even mailed together with a self-addressed stamped envelope and any associated fees.

Name-Based Search: The name-based search is accessible through the CHOPRS – Criminal History Online Public Record Search portal. Typically, to search, researchers are to be furnished with details such as the individual's full name, and date of birth. Additionally, there is the option of a Social Security Number to expedite the processing. There is a required fee of $20 for each remote search and an additional $15 for mailed requests.

Montana Department of Corrections (DOC): The DOC provides an offender search tool that interested parties can use to access public arrest records remotely. Searches can be done either by name or DOC I.D. number. Additionally, in-person requests are also possible at DOC facilities.

County Sheriff's Offices: There are numerous counties in Montana whose sheriff's offices provide access to arrest records or online inmate roster. A typical example is the Gallatin County Sheriff's Office. Alternatively, individuals with relevant information about the desired record can request records in person.

City Police Departments: Local police departments generally allow people to request arrest records in person or over the phone. However, such requesters must have information related to the desired records.

According to MCA Rule 45, confidential documents can be accessed following the issuance of a subpoena. Written requests that outline the records required and the agency to be subpoenaed are required. An adult non-party to the case may serve the subpoena, providing notice to all parties at least ten days before the production deadline. The issuing court may also hold an agency in contempt if it disregards a subpoena without a reasonable justification.

Free Arrest Record Search in Lewis and Clark County

Interested parties can obtain Lewis and Clark County Arrest Records at no charge using the Department of Corrections Offender Search Portal discussed earlier. Searches can be conducted either by name or DOC ID number. Additionally, it is possible to obtain arrest records in Lewis and Clark County by simply visiting the County Sheriff's office. Requesters are to be furnished with details pertinent to the desired record; these details include the name of the arrested individual, amongst others.

Third-party platforms, on the other hand, often offer more comprehensive searches. These third-party vendors allow interested parties to search for records by name across numerous jurisdictions, even at the state level. However, it is worth noting that even though basic arrest details are available at no cost, a fee would be required for individuals who want comprehensive and detailed arrest records.

How Long Do Arrests Stay on Your Record?

Lewis and Clark arrest records are typically handled by the Criminal Records and Identification Services Section of the Montana Department of Justice. If an arrest does not lead to a conviction, CRISS typically erases it from the person's record or history. On the other hand, however, arrests that led to conviction would remain on the record indefinitely until expunged or sealed.

Per the guidelines set forth by the Secretary of State (SOS), Montana, below are the various retention schedules for arrest records according to the crimes committed as detailed in the County Sheriff Records Schedule Manual:

• Arrest reports have a retention period of 3 years
• Arrest warrants typically remain active and are kept until they have been replaced, no longer needed, recalled, or have become obsolete.
• Offender records will continually be retained until they have been recalled or replaced.

Case investigation files:

• Sexual felony records have a retention period of 75 years
• Homicide records have a retention period of 75 years
• Missing person files are held until the case has been cleared
• Non-criminal cases have a retention period of three years
• Misdemeanors have a retention period of two years
• Felony misdemeanors would be retained until the case has been solved
• Notices to appear have a retention period of 90 days post-filing, this also includes the details of the arresting officer
• Telecommunication records are kept indefinitely until they become outdated or replace
• Physical force records have a retention period the same as the life of the related case file

Expunge Lewis and Clark County Arrest Records

According to MCA § 46-18-1103, record expungement refers to the complete erasure of an arrest record from the Montana Department of Justice (MT DOJ) criminal history database. It is worth noting that only arrests that did not lead to convictions and certain misdemeanor offenses are eligible for expungement. In Lewis and Clark County, individuals with one or more misdemeanor convictions and no prior expungements can have their records erased as outlined in § 46-18-1104.

According to MCA § 44-5-202, non-conviction arrest records are automatically deleted by the Montana Criminal Records & Identification Services Section (CRISS); cases after July 1, 2017, do not require a Record Removal Form. For arrest records made before this date, people can mail a Court Judgment and a Record Removal Form to the CRISS Expungement office at:

Montana Criminal Records & Identification Services Section
2225 11th Ave.
P.O. Box 201403
Helena, MT 59620
Email: dojcriss@mt.gov
Phone: (406) 444-3625

Upon processing, CRISS sends the applicant a confirmation letter; this usually takes about 30 days.

Individuals who are interested in expunging misdemeanor convictions are required to file a Petition for Expungement in the District Court of the Conviction as per MCA § 46-18-1105. A copy of this petition should be sent to the prosecuting office (MCA § 46-18-1106)which is then responsible for notifying all the victims involved within 14 days of the submission. Upon expungement, the petitioner must be fingerprinted using a blue FD-258 card and then submit the fingerprint card, Expungement form, and the court order to CRISS. Upon receiving these documents, CRISS must verify the presence or absence of prior expungements and the petitioner's identity. Upon confirmation, the conviction or arrest records are removed and wiped from the Criminal History Record Information System.

Lewis and Clark County Arrest Warrants

An arrest warrant is a formal document issued by a Lewis and Clark County judge that gives police enforcement the right to detain someone based on probable cause that they have committed a crime. A warrant is issued when law enforcement presents enough proof of criminal activity or when a suspect does not show up for court. The suspect's name, description, charges, probable cause statement, and the judge's approval are usually included in these records.

When issued, warrants provide officers with the authority to arrest the designated individual, frequently within predetermined conditions or periods. Even though arrest warrants might be included in public records, active warrants connected to ongoing investigations may occasionally remain confidential. The Lewis and Clark County Sheriff's Office allows citizens to check public court records for specifics, get copies of arrest records, or confirm warrant information.

Do Lewis and Clark County Arrest Warrants Expire?

Arrest warrants in Lewis and Clark County typically never expire. Once issued, they stay in effect until the identified individual is caught or the court revokes the warrant. For major crimes like felonies, warrants are valid for an infinite period. Older warrants may occasionally be deprioritized for minor violations but are rarely wholly revoked without a court order. An active warrant can only be resolved by court proceedings, either by having the matter dropped or appearing in court to answer the accusations.