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Nebraska Court Records

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Madison County Arrest Records

Law enforcement officers in Madison County are statutorily obliged to arrest people who commit criminal offenses in the region. These arrests may occur when a crime takes place in a peace officer's presence, when an officer has reason to presume an individual's participation in illegal activity, or when an officer possesses or knows of a warrant sanctioning someone's arrest.

Not all arrests lead to a person's processing for a crime and detainment at a secure facility, usually the Madison County Jail. However, each formal arrest results in the generation of an official report by the department that carried out the arrest. These arrest records can be reviewed alongside the Madison County court records to determine how an arrest or charge was resolved.

Are Arrest Records Public in Madison County?

Yes. Per Nebraska's Public Records Statutes and Criminal History Information Act, the general public has greater access to records or information directly related to law enforcement operations, such as arrests.

According to these regulations, anyone can request arrest records from a law enforcement agency in Madison County. However, exempt or confidential information, such as medical files, active investigation records, and sensitive personal data (e.g., financial account numbers), cannot be disclosed.

What Do Public Arrest Records Contain?

Arrest records that are disclosable publicly in Madison County usually feature the identifying information of a suspect, such as their government name (and any known aliases), physical description, age, sex, and race. The records also state the circumstances around an arrest, including the date and time, charges, and any use of weapons by the offender. Other data that a person may find in a Madison County arrest record include the specific arresting department, booking date and facility, the court docket number, and bond information (including amount).

Madison County Arrest Statistics

Madison County arrest statistics are accessible through the Federal Bureau of Investigation's (FBI) Crime Data Explorer. Although the Nebraska Crime Commission publishes offense and arrest statistics, those figures are statewide totals, not county-specific totals.

The "Arrest" section of the FBI's Crime Data Explorer has arrest statistics from US counties, but the data is arranged by reporting agency. To find Madison County arrest statistics, it will be necessary to specify the exact reporting agency (the police department that sent data to the FBI) and a timeframe to which the search results should be constrained.

For instance, the Norfolk City PD reported 766 arrests in Norfolk City in 2023. Drug/Narcotic Offenses (99), Driving Under the Influence (86), and Simple Assault (83) were the common arrests.

On the other hand, the Madison County Sheriff's Office, which serves as the county's primary law enforcement department, recorded 227 arrests. Among the Sheriff's arrests, Liquor Law Violations (54), Driving Under the Influence (40), and Simple Assault (31) were identified as the most prevalent.

Find Madison County Arrest Records

A search for Madison County arrest records can be conducted by querying a specific arresting law enforcement department. While open records requests for arrest information can be submitted to these departments, it is important to note that an agency will only maintain records of its arrests. If someone was arrested by multiple agencies, an inquiry may need to be submitted to all applicable agencies.

Typically, a requester will need to provide at least the arrestee's name and date of birth and pay any pre-established fees. Some police departments offer online options for submitting arrest information requests, while others expect the requester to appear in person during regular business hours.

However, approaching different agencies may be somewhat inefficient if someone has several arrests. As criminal history information is public record in Nebraska, an individual can opt for statewide criminal history reports sold by the Nebraska State Patrol, which will list any arrest information received from Madison County and other law enforcement agencies in Nebraska.

Individuals whose public record queries involve finding an arrestee's whereabouts in Madison County can contact the local Sheriff's Jail Office at (402) 454-1333 or review the Madison County Inmate Roster. If searching for a state or federal inmate, they will need to access inmate lookup tools that the Nebraska Department of Correctional Services or the Federal Bureau of Prisons provide.

Free Arrest Record Search in Madison County

When a request for a public arrest record is made to a Madison County law enforcement agency, the requester may not be charged a fee if it is an inspection request or if electronic documents are available for free. However, when an agency must reproduce, redact, or extensively search for a record, the requester will be liable for any associated charges.

Individuals interested in a free Madison County arrest record search may also opt for third-party aggregator websites. The user advantage is that arrest information from other US regions may be available. However, there are often fee-related requirements to access these services.

How Long Do Arrests Stay on Your Record?

Arrests are not time-bound components of a person's criminal history. As such, they can remain on an individual's record indefinitely. In some instances, a Nebraska statute or judicial order may prohibit the public dissemination of an arrest record. However, sealed records are not permanently removed or erased from criminal justice databases or repositories.

Expunge Madison County Arrest Records

Nebraska has no expungement statutes; therefore, no "expungement" petition can be filed in Madison County. Nevertheless, arrested juveniles and adults can petition a court to "seal" (hide) their criminal records, which includes related arrests and charges. A motion for sealing can be filed in the Madison County District or County court, depending on which court heard the matter.

However, with juvenile petitions, it should be noted that many of these cases are sealed automatically if the arrestee was below 18 years of age at the time of their arrest. Individuals with unsealed juvenile arrests can petition the court as indicated on the Juvenile Record Sealing page and in Neb. Rev. Stat. § 43-2,108.01 through 43-2,108.05.

Adults who can seal their arrest records in Madison are generally those who were acquitted or had their charges dismissed, those who received a pardon, and sex trafficking survivors. Such parties can follow guidelines on the Nebraska Judiciary's Adult Record Sealing web page to file a petition with the court.

Madison County Arrest Warrants

In Madison County, arrest warrants can be signed and issued by district or county court judges (or clerk magistrates) who receive complaints under oath from law enforcement officials. These complaints assert facts or circumstances sufficient to induce a reasonable belief that someone should be held accountable for a crime (otherwise referred to as "probable cause"). Without probable cause, such warrants cannot be issued and, if erroneously issued, are rightfully considered invalid.

Information that may be found in a Madison County arrest warrant includes the name or description of the person to be arrested, the crime they are suspected of committing, the date the warrant was approved, and the committing jurisdiction.

A Madison County court can also issue a bench warrant to arrest someone who disregarded a court order. Unlike standard arrest warrants, a bench warrant does not require a probable cause determination from law enforcement.

Do Madison County Arrest Warrants Expire?

No, Madison County arrest warrants do not expire. Until the subject of an arrest warrant is taken into custody or voluntarily surrenders, the warrant will stay active. Nonetheless, courts retain the authority to withdraw or quash an arrest warrant if the charges against the subject were dropped, if the court discovers exonerable evidence, or for any other legitimate reason.

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