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Minnesota Court Records

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McLeod County Arrest Records

Per Minnesota Statutes § 629.30, an arrest entails taking a person into custody so that they can answer for a public offense. According to Subdivision 2 of the section, an arrest may be made in McLeod County by:

  • A peace officer under a warrant or without a warrant
  • A United States Customs and Border Protection or United States Citizenship and Immigration Services officer without a warrant
  • A private person

MN Statutes § 629.34 outlines circumstances in which peace officers, United States Customs and Border Protection officers, and United States Citizenship and Immigration Services officers can make an arrest without a warrant.

In McLeod County, the arresting agency typically generates and retains arrest records after an arrest to preserve pertinent details about the incident. Arrest records are generally a great source of information about an individual's criminal history. Furthermore, arrest records can be used in different capacities for specific criminal justice processes. As a result, arrest records are usually featured in numerous public records, including Minnesota criminal history records preserved by the Minnesota Department of Public Safety (DPS) and McLeod County Court Records.

Are Arrest Records Public in McLeod County?

Yes. Under the Minnesota Government Data Practices Act (MGDPA), codified in MN Statutes Chapter 13, all data collected, created, received, maintained, or disseminated by a government entity are public unless classified as non-public by law. Hence, most arrest records in McLeod County are public and available to the members of the general public upon request.

Notwithstanding, certain arrest records may be classified as non-public due to state and federal statutes. In such cases, the arrest records may only be accessible to eligible persons or entities, criminal justice agencies, or pursuant to a court order. Some examples of non-public information include but are not limited to sealed or expunged records, juvenile records, and records that reveal the identity of a confidential informant.

What Do Public Arrest Records Contain?

The typical contents of public arrest records in McLeod County include the following:

  • The arrestee's personal information: full name, date of birth, and home address
  • The arrestee's physical description: height, weight, race, gender, hair and eye color
  • Offense details: type of offense, applicable statute, and charges
  • Arrest detail: the arrest date, location, and the arresting agency's information
  • Booking details: booking date, time, and number

McLeod County Arrest Statistics

Arrest data from the National Incident-Based Reporting System (NIBRS) shows that 1,035 arrests were recorded in McLeod County in 2023, with male arrestees accounting for 749 (72.4%) and female arrestees 286 (27.6%). Furthermore, the McLeod County Sheriff's Office recorded the most arrests that year, with 609 arrests. Compared to the previous year (2022), there was a minimal increase (1.7%) in arrests in 2023, as the county reported only 1,017 arrests in 2022.

Find McLeod County Arrest Records

Local law enforcement agencies primarily preserve McLeod County arrest records. Hence, individuals looking for arrest records can get them through these agencies.

Several local law enforcement agencies operate within Mcleod County, including the Mcleod County Sheriff's Office and different local police departments. Generally, these agencies only generate and preserve arrest records for arrests they make or facilitate. Therefore, identifying the agency that made the arrest is the first step in locating a McLeod County arrest record. After ascertaining the arresting agency, record seekers can query the agency for the desired arrest record under MGDPA.

In McLeod County, most local law enforcement agencies provide dedicated request forms record seekers can complete and submit to schedule inspection or request copies of public records, including arrest records, they maintain. For instance, record seekers can request arrest records from the McLeod County Sheriff's Office by completing the agency's Data Request form and submitting it in person or by mail. The County Sheriff's Office also provides an Online Data Request Form that record seekers can complete and submit online. Similarly, the Hutchinson Police Department provides a Data Request form that record seekers can complete and submit to request arrest records the agency preserves.

Free Arrest Record Search in McLeod County

In McLeod County, interested persons can access arrest records for free by scheduling an appointment with a local law enforcement agency to inspect arrest records they maintain at a specific date. Interested persons can schedule an appointment using an agency's data request form by selecting the "inspect" option, providing the required information, and submitting the form to the agency. Some examples of these forms include the McLeod County Sheriff's Office Data Request Form (also available online) and the Hutchinson Police Department Data Request Form. Record seekers may also contact relevant agencies directly to schedule an appointment at no cost.

How Long Do Arrests Stay on Your Record?

Under Minnesota statutes, there is no set amount of time that an arrest must remain on a person's record. As a result, an arrest can remain on an individual's record forever unless the arrest gets expunged.

Expunge McLeod County Arrest Records

Expungement is the process of asking a court of appropriate jurisdiction or relevant government entities to seal (remove from public view) specific records they maintain. The process for requesting expungement of an arrest record in McLeod County generally varies based on the circumstances surrounding an arrest.

For instance, If an individual was arrested in McLeod County but was never charged with a crime, the arrest record may be expunged under MN Statutes § 299C.11. Additionally, if an individual was arrested but the case was dismissed without a criminal complaint filed against the arrestee, the arrest record also qualifies for expungement under MN Statutes § 299C.11. Furthermore, there are additional criteria that an arrestee must meet for their eligible arrest record to qualify expungement under MN Statutes § 299C.11. These includes:

  • The arrestee must not have been convicted of a felony or gross misdemeanor within ten (10) years prior to the arrest.
  • All charges associated with the arrest must have been dismissed prior to a determination of probable cause, or the prosecuting authority must have forgoed filing any charges, and a grand jury did not return an indictment.
  • The arrestee did not participate in a diversion program due to the arrest.

Individuals with eligible arrest records can ask for expungement under MN Statutes § 299C.11 by submitting a request in writing (also known as a Letter for Expungement) to the law enforcement agencies that preserve their arrest records. These agencies include may include:

  • The McLeod County Sheriff's office or the municipal police department that made the arrest
  • The McLeod County attorney office/ city attorney office
  • The MN Bureau of Criminal Apprehension (BCA)

It is worth noting that sample forms for Letters for expungement of arrest records are provided on the Minnesota Judicial Branch Expunge Arrest Records page. Interested persons can edit these sample forms to add information about their specific case to use them.

On the other hand, if an arrest resulted in a conviction or a court case, it may qualify for a full expungement under MN Statutes ch. § 609A in specific situations. These include but are not limited to:

  • Convictions for certain petty misdemeanors, misdemeanors, and gross misdemeanors.
  • Convictions for certain felonies under MN Statutes § 609A.02, subd. 3
  • Offenses committed by juveniles who were prosecuted in adult criminal court
  • Cases that were resolved in the arrestee's favor (when they were found not guilty or the case was dismissed).
  • Certain first-time drug possession offenses

In such cases, individuals can ask for expungement by completing relevant criminal expungement forms and filing them with the Mcleod County District Court. Interested persons can find relevant expungement forms on the Minnesota Judicial Branch's Criminal Expungement forms page. The page also contains instructions on how to complete the form and general information on the expungement process.

McLeod County Arrest Warrants

A McLeod County arrest warrant is a directive issued by a magistrate or judge ordering peace officers to arrest an individual accused of committing a crime. A magistrate or judge can issue an arrest warrant when they are convinced sufficient probable cause exists that a defendant has committed an offense pursuant to sworn statements or affidavits presented to them. According to Minnesota Criminal Procedure Rule 3, an arrest warrant must be signed by the issuing judge or magistrate and contain the following information:

  • The defendant's name or any name or description that can be used to identify a defendant with reasonable certainty.
  • A description of the offense the defendant is charged with.

Do McLeod County Arrest Warrants Expire?

No. McLeod County arrest warrants do not expire and remain executable until the defendant named or described in the warrant gets arrested or dies.

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