Arrest records are public in Montgomery County, Kansas, pursuant to the Kansas Open Records Act (K.S.A. § 45-215 et seq.). This legislation establishes that most records maintained by local and state government entities shall be available for public inspection and copying. The Kansas Open Records Act specifically designates law enforcement records, including arrest records, as public documents subject to certain exemptions outlined in K.S.A. § 45-221. These exemptions primarily protect ongoing investigations, juvenile records, and personal privacy in specific circumstances.
The Montgomery County Sheriff's Office maintains these records as part of their statutory obligation under Kansas law. Public access to arrest records serves multiple governmental purposes:
Members of the public seeking arrest records may contact:
Montgomery County Sheriff's Office
300 East Main Street
Independence, Kansas 67301
Phone: (620) 330-1000
Montgomery County Sheriff's Office Website
Arrest records can be accessed online in Montgomery County through several official digital platforms. The Montgomery County Sheriff's Office maintains a jail roster that is updated regularly with current inmate information. This digital resource provides basic arrest information including names, charges, and booking dates for individuals currently in custody.
For more comprehensive criminal history information, the Kansas Bureau of Investigation (KBI) offers an online criminal history record check service pursuant to K.S.A. § 22-4705. This fee-based service allows authorized users to perform name-based searches against the Kansas Criminal History database.
Additional online resources include:
These online resources operate in accordance with K.S.A. § 45-220, which permits agencies to provide records electronically when feasible.
Multiple methods exist for obtaining Montgomery County arrest records, as authorized under K.S.A. § 45-218. Individuals seeking these records may utilize the following official channels:
In-person requests at the Montgomery County Sheriff's Office (300 East Main Street, Independence, Kansas 67301) during regular business hours (Monday-Friday, 8:00 AM to 5:00 PM). Requestors must complete a standard record request form and may be required to present identification.
Online access through the Montgomery County Sheriff's Office jail roster for current inmate information or the KBI criminal history database for comprehensive criminal history records.
Written requests submitted to the Records Division of the Montgomery County Sheriff's Office. These requests must include the subject's full name, date of birth, and specific information sought.
Public terminals located at the Montgomery County Courthouse (300 E Main St, Independence, KS 67301) provide access to court records related to arrests and subsequent proceedings.
Montgomery County District Court (300 E Main St, Independence, KS 67301, Phone: 620-330-1070) maintains records of all criminal proceedings following arrests within the county.
Pursuant to K.S.A. § 45-219, agencies may charge reasonable fees for providing copies of records. Current fee schedules are available at each agency's office and on their respective websites.
Montgomery County arrest records contain standardized information as required by Kansas law and maintained in accordance with the Kansas Criminal Justice Information System standards. These records typically include:
Certain information may be redacted from public arrest records pursuant to K.S.A. § 45-221(a), including:
The Montgomery County Sheriff's Office maintains these records in both physical and digital formats, with retention schedules determined by the Kansas State Records Board.
Kansas law provides a legal mechanism for the expungement of certain arrest records under K.S.A. § 22-2410. Expungement is the legal process by which arrest records are sealed from public view, though they remain accessible to law enforcement agencies for specific purposes. In Montgomery County, individuals may petition for expungement if they meet statutory eligibility requirements.
The expungement process requires:
Eligibility criteria for expungement vary based on the nature of the offense and case disposition. Generally, individuals must wait 3-5 years after completing their sentence before applying for expungement of most convictions. For arrests that did not result in conviction, the waiting period may be shorter or waived entirely.
Upon granting an expungement, the court orders all relevant agencies to seal the records. Pursuant to K.S.A. § 22-2410(e), expunged records shall not be disclosed except in limited circumstances, such as subsequent criminal proceedings or certain employment applications for positions in law enforcement or the judiciary.