Clay County Arrest Records

When a person is apprehended by the police and taken into official custody for detention or criminal investigation, booked, and charged with a crime, or convicted of a crime in Minnesota, that information/interaction is included in their criminal history as an arrest record.

Clay County arrest records record refers to police/law enforcement records that include information about an individual's arrests, the arrestee's identity and description, date of the arrest, charges, bail or bond, final disposition (outcome or status of the case/arrest) and other related details.

In Minnesota, arrest records are created to document criminal activity, identify offenders and criminal behavior, observe crime trends and patterns and changes in crime rates, track repeat offenders, and prevent future occurrences. In legal proceedings, arrest records provide information about the defendant's criminal history, and interaction with the police can be important in determining eligibility for bail, probation, or parole.

Following an arrest and filing of official charges, records of the arraignment, preliminary hearing, and case outcome will be available in Clay County court records. Although the Clay County Sheriff's Office is the principal custodian of arrest records within its jurisdiction, arrest records are also maintained by other local law enforcement authorities, the Clay County court clerk, state and county correctional facilities, and the Minnesota Department of Public Safety.

Are Arrest Records Public in Clay County?

Yes. The Minnesota Data Practices Act (Minn. Statutes 13.01 et seq.) is a body of laws that establishes and guarantees the public's right to access government records. The act sets out guidelines for individuals to follow to inspect and copy state records and establishes a presumption that all government records are public except the law states.

The Minnesota Data Practices Act also goes on to explain that although government records, such as arrest records, may be public. Still, access to such records may be restricted by an order of the court or federal or state statute. Furthermore, information classified as private, confidential, nonpublic, or protected nonpublic records are not publicly accessible upon creation and may only become available with the consent of the subject of the record (private and nonpublic records) or after 10 to 30 years.

If a request to access confidential or exempted records is denied, the custodian must provide a written statement detailing the reason for refusal. This may be more common where such disclosure will compromise the safety and security of victims, especially in cases where minors are involved.

The act confers authority on government agencies to restrict public access to records relating to any of the following matters:

• Personal identifiable information: This includes social security number, phone number, IP address, passport number, home address, driver's license number, and medical information.
• Information that may jeopardize the safety and security of a confidential informant or witness
• Disclosure that may hinder the defendant's constitutional right to a fair hearing
• Where such disclosure that may result in impartial or improper administration of justice
• Where disclosure of certain information may interfere with criminal investigations
• Information that is otherwise confidential or exempt from disclosure under state or federal statute
• Juvenile records.

What Do Public Arrest Records Contain?

The information indexed in an arrest record may vary from one county or state to the other. As earlier mentioned, not all arrest records or arrest information are accessible to members of the public. Arrest information that may typically be available for inspection and copying in Clay County, Minnesota, includes:

• Arrestee's name, aliases (if any), date of birth, and age.
• Physical description: gender, race, ethnicity, height, weight, eye and hair color, scars and tattoos (if any).
• Booking information: Booking ID, fingerprint, mugshots and holding facility
• Arrest and Booking Data: Booking ID, arresting agency, date, time, location of arrest
• Previous arrests
• Outstanding arrest warrants (if any)
• Criminal charges
• Bail Information: Eligibility for bail and bond amount set by the court.
• Scheduled court dates.
• Final Disposition (case status/sentencing).

Clay County Arrest Statistics

The Clay County Sheriff's Office, along with local law enforcement agencies like the Dilworth Police Department, Hawley Police Department, the Moorhead Police Department, and other municipal police departments, is responsible for maintaining law and order in Clay County. This involves arresting offenders and investigating criminal activity.

According to the Federal Bureau of Investigation (FBI) 2023 arrest data for Minnesota, law enforcement agencies in Clay County made 1,765 arrests in 2023. The most prevalent arrest offenses were vandalism, driving under the influence, drug/narcotic offenses, drug possession, simple assault, destruction/damage/vandalism of property, larceny, disorderly conduct, and fraud.

Find Clay County Arrest Records

Arrest records in Clay County are classified as public information. The Minnesota Data Act establishes rules and guidelines for government agencies to adhere to when collecting, maintaining, and disseminating government records. The Clay County Sheriff's Office is the county's primary custodian for arrest records. Thus, the agency must make its record reasonably available to members of the public upon request.

The Clay County Sheriff's Office maintains an online searchable arrest and inmate information database where individuals can find information on inmates/arrested persons awaiting trial. The Sheriff's Office inmate information website contains records of offenders in holding facilities within the county. It includes information on the inmate's identity, mugshot, date of arrest, primary charge, booking agency, expected release dates, description of the charge, sentencing status, docket number, and bond information.

Members of the public may also contact or visit the Clay County Sheriff's Office records division for assistance in retrieving arrest information. The office hours are 8 a.m. to 4:30 p.m., Monday through Friday. To obtain a copy of a police report or arrest records, email the records division or contact the office at:

Clay County Sheriff's Office
911 11th Street North
Moorhead, MN 56560
Phone: (218) 299-5151
Fax: (218) 299-5228

Free Arrest Record Search in Clay County

Clay County arrest records are available online for free at the Clay County Sheriff's Arrest Information or Inmate Information site. Interested persons may also request copies of police/incident reports. However, record requests are subject to administrative fees. Requesters will be required to pay all associated copying, certification, and production fees before their request may be processed.

Additionally, researchers can find arrest information in Clay County criminal court records. Criminal case court records contain basic arrest information such as the defendant's name and identity, mugshot, date and time of arrest, charges, warrants, bail and bond information, holding facility, etc.

An alternate option is third-party public records search sites. Third-party aggregate sites are privately owned sites that compile arrest information from multiple federal and state agencies in a single channel. Although they are not free, some may offer affordable or low-cost payment plans.

How Long Do Arrests Stay on Your Record?

Unless an arrest record is sealed or expunged, it remains on an individual's public record indefinitely. Arrest records do not automatically expire. Depending on the circumstances of the arrest, they may become eligible for expungement after several years. Still, the subject of the record must take positive action to expunge the record in accordance with the law.

Expunge Clay County Arrest Records

Any individual previously arrested for an offense may, in line with the provisions of MN Statutes § 299C.11, be eligible to have their records expunged by the County Sheriff's, Chief of Police, City or County Attorney. No petition to the court is required provided that:

• The person has not been convicted of any felony or gross misdemeanor, in or outside the state of Minnesota, within 10 years immediately after the determination of any pending criminal action in favor of the arrested person and
• All charges were dismissed prior to the determination of probable cause or
• The state attorney or prosecuting authority chose not to file any charges, and
• A grand jury did not return any indictment.

If all these conditions are satisfied, the agency or bureau shall, upon application in writing by the subject, destroy the arrestee's records (fingerprints, thumbprints, photographs, all identification data, information on known aliases, and all copies and duplicates of all such data). All of the above would not apply to the applicant if the arrested person completed a diversion program as a result of the arrest or if they were tried and subsequently discharged by court (section 609.165) or by order of the commissioner (section 242.31), or if a pardon was granted in respect of the charge, and if their prosecution was deferred after trial on certain conditions for a first time offender (section 152.18, subdivision 1).

Where the Chief of Police, sheriff, bureau or arresting agency (before submitting the information to the prosecuting authority), prosecuting authority, or grand jury determines a person was arrested or identified as a result of mistaken identity, the bureau or agency shall destroy all records of the arrest, personal and identification data of the arrested person and all copies and duplicates of all such data without the demand/request of any person or granting of any petition by the court.

Clay County Arrest Warrants

An arrest warrant is an official document issued by a judge or magistrate authorizing law enforcement to arrest an individual upon reasonable suspicion of the commission of a crime. In Minnesota, law enforcement officials can legally make arrests without warrants. Warrants are only issued for serious offenses/felonies (murder, assault, criminal sexual conduct) or misdemeanors when it is evident that the suspect will not respond to summons. An arrest warrant will also be issued where the defendant is a flight risk, and their arrest is necessary to prevent imminent harm to the public.

A warrant must be signed by a judge, and the defendant's name or description must be stated by which the defendant can be reasonably identified (Rule 3.02 Minnesota Court Rules). It must also describe the offense charged in the complaint, conditions of release, and bail amount (to be determined and set by the judge).

Do Clay County Arrest Warrants Expire?

No. In Minnesota, arrest warrants do not expire. This also applies to bench warrants, which authorize law enforcement officers to arrest an individual and bring them before the court for failure to appear for a scheduled court hearing. Until the underlying reason for issuing the warrant is addressed, police apprehend the defendant, or the defendant turns themselves into police custody, the warrant will remain outstanding.