> >Derby Arrest Records

Derby Arrest Records

Are Arrest Records Public in Derby, Kansas?

Arrest records are public documents in Derby, Kansas, pursuant to the Kansas Open Records Act (KORA), K.S.A. § 45-215 et seq. This legislation establishes the presumption that all government records shall be open for public inspection unless specifically exempted by law. The Kansas Open Records Act governs the accessibility of records maintained by local and state government entities, including the Derby Police Department and Sedgwick County law enforcement agencies.

Members of the public may access these records to promote transparency in government operations and accountability in law enforcement activities. However, certain information within arrest records may be redacted or restricted if disclosure would constitute a clearly unwarranted invasion of personal privacy, interfere with ongoing investigations, or compromise law enforcement techniques as specified under K.S.A. § 45-221.

How to Look Up Derby Arrest Records in 2025

Multiple official channels exist through which members of the public may obtain arrest records in Derby, Kansas. Individuals seeking such information should be aware of the following authorized methods:

Derby Police Department: Citizens may submit requests for arrest records directly to the Derby Police Department. Records requests must be submitted in writing using the designated form available at the department.

Derby Police Department
229 E. Madison Ave.
Derby, KS 67037
Phone: 316-788-1557
Derby Police Department services

Sedgwick County Sheriff's Office: For arrests made by county law enforcement within Derby city limits, records may be requested from the county sheriff.

Sedgwick County Sheriff's Office
141 W. Elm St.
Wichita, KS 67203
Phone: 316-660-3900

Derby Municipal Court: Court records related to arrests for violations of city ordinances may be accessed through the Municipal Court.

Derby Municipal Court
611 N. Mulberry Rd., Suite 100
Derby, KS 67037
Phone: 316-788-1511
Municipal Court information

Kansas Bureau of Investigation (KBI): The state's central repository maintains criminal history information, including arrest data from Derby and other jurisdictions throughout Kansas.

Kansas Bureau of Investigation
1620 SW Tyler St.
Topeka, KS 66612
Phone: 785-296-8200

Pursuant to K.S.A. § 45-218, agencies may charge reasonable fees for providing copies of records. Requestors should be prepared to pay applicable fees and provide proper identification when requesting arrest records.

Contents of a Derby Arrest Record

Derby arrest records typically contain comprehensive information about individuals taken into custody by law enforcement authorities. Standard arrest records maintained by the Derby Police Department and accessible through public records requests include the following elements:

Full legal name of the arrested individual and any documented aliases
Demographic information including date of birth, gender, and race
Physical descriptors (height, weight, eye and hair color, identifying marks such as tattoos or scars)
Booking photographs ("mugshots") taken during processing
Fingerprint impressions collected at the time of booking
Date, time, and specific location of the arrest
Arresting officer's name and badge number
Statutory citations for alleged violations
Narrative description of the circumstances leading to arrest
Booking information including case numbers and custody status
Bail or bond information, if applicable
Court appearance dates
Disposition information (pending, dismissed, convicted, acquitted)

It should be noted that pursuant to K.S.A. § 22-4701 et seq., certain sensitive information may be redacted from publicly available arrest records, including Social Security numbers, medical information, and information pertaining to juveniles or victims of certain offenses.

Expungement of Arrest Records in Derby

The expungement process in Derby allows for the legal removal of arrest records from public access under specific circumstances as provided by Kansas state law. K.S.A. § 22-2410 establishes the statutory framework governing the expungement of arrest records in Kansas jurisdictions, including Derby.

Individuals may petition for expungement of arrest records if:

The arrest occurred due to mistaken identity
No charges were filed and the statute of limitations has expired
Charges were dismissed
The individual was acquitted at trial
The individual has completed all terms of a diversion agreement
The individual has satisfied all sentencing requirements following conviction

The expungement process requires petitioners to:

File a petition with the Derby Municipal Court or Sedgwick County District Court, depending on jurisdiction
Pay the required filing fee (approximately $195 for district court filings)
Attend a scheduled hearing before a judge
Demonstrate eligibility pursuant to statutory requirements

Upon granting an expungement, the court will order all relevant agencies to seal the arrest records, including those maintained by the Derby Police Department, Sedgwick County Sheriff's Office, and the Kansas Bureau of Investigation. Following expungement, the individual may legally state they have never been arrested for the expunged offense, except in certain circumstances specified by K.S.A. § 22-2410(f).

Waiting periods apply before individuals become eligible for expungement, varying based on offense severity. For most misdemeanors, a three-year waiting period applies, while felonies typically require a five-year waiting period from completion of sentence.

Legal Restrictions on Arrest Record Access

While arrest records are generally public in Derby, Kansas law establishes several important exceptions and limitations to public access. The Kansas Open Records Act contains specific provisions that restrict disclosure of certain information contained within arrest records.

Pursuant to K.S.A. § 45-221(a), the following categories of information may be withheld or redacted from publicly available arrest records:

Information that would identify confidential informants or undercover agents
Records protected by attorney-client privilege or work product doctrine
Personnel records of law enforcement officers
Criminal investigation records if disclosure would interfere with prospective law enforcement proceedings
Records of juvenile offenders (governed by separate confidentiality provisions under K.S.A. § 38-2309)
Information that would constitute a clearly unwarranted invasion of personal privacy
Records related to emergency or security procedures

Additionally, the Health Insurance Portability and Accountability Act (HIPAA) may restrict access to medical information contained within arrest records, such as mental health evaluations or treatment information.

Law enforcement agencies in Derby maintain discretion to withhold certain investigative records if disclosure would:

Interfere with enforcement proceedings
Deprive a person of the right to a fair trial
Constitute an unwarranted invasion of personal privacy
Reveal the identity of confidential sources
Disclose investigation techniques
Endanger the life or physical safety of any individual

Requestors denied access to records may appeal the decision through procedures outlined in K.S.A. § 45-222.

Using Arrest Records for Background Checks

Employers, landlords, and other entities in Derby may utilize public arrest records as part of background screening processes, subject to certain legal restrictions. The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., governs the use of arrest records for employment and housing decisions when obtained through consumer reporting agencies.

When using arrest records for background screening purposes:

Employers must obtain written consent from applicants before conducting background checks that include arrest record searches
Employers must provide pre-adverse action notices if considering adverse employment decisions based on arrest record information
Housing providers must follow similar notification requirements when using arrest records in rental decisions

Kansas law provides additional protections regarding the use of criminal history information. K.S.A. § 22-4710 prohibits employers from asking about arrests that did not result in convictions unless the position involves law enforcement or certain sensitive occupations.

The Derby Municipal Code further regulates the use of criminal history information in certain contexts, including licensing decisions for businesses operating within city limits. Entities seeking to use arrest records for background screening purposes should consult with legal counsel to ensure compliance with applicable federal, state, and local regulations.