Milam County Arrest Records

Milam County arrest records are official records created by law enforcement agencies to show that a person has been apprehended by their officers and taken into custody. Texas law allows law enforcement to arrest individuals when there is probable cause linking them to a crime, whether or not there is a warrant. However, an arrest without a warrant can only be made if the arresting officer witnessed the crime and/or there is a likelihood that a suspect may flee before a warrant is issued.

While the preservation of arrest records is the sole responsibility of the arresting agency, the court clerk typically maintains corresponding Milam County court records to document court proceedings associated with individual cases. If the court convicts a person of the charges that led to their arrest, the arresting agency and the court usually submit their records to the Texas Department of Public Safety (DPS), leading to the creation of criminal history records.

Are Arrest Records Public in Milam County?

Yes, The Texas Public Information Act (Texas Government Code Chapter 552) maintains that every person's right, regardless of citizenship or residency status, to access information about the conduct of public business.

As defined by this act, "public information" refers to information written, collated, produced, filed, and maintained by public agencies in connection with their official functions. Per this definition, arrest records qualify as public information. Thus, in compliance with the PIA, law enforcement agencies should provide mechanisms to facilitate public access to arrest records without unnecessary delay through any convenient means.

Regardless, the PIA exempts certain records from the public’s right-to-know policy, thereby strictly prohibiting record custodians from disclosing such exceptions. In addition, provisions under other state laws may outweigh the public’s right to know, making room for further exemptions. Below are examples of records that fall within this classification:

• Information protected by attorney-client privilege
• Information whose disclosure would constitute an unnecessary infringement on a person’s privacy rights
• Records that may aid in the identification of crime victims or confidential informants
• Social security numbers, telephone numbers, and license numbers of any person, including arrestees, law enforcement officers, or their family members
• Information whose disclosure could aid interference in an ongoing investigation or prosecution.

Restrictions may apply in whole (when entire documents are classified) or partially (where only portions of a record are classified). Exempt records are only accessible by record subjects, certain law enforcement officers, and third parties authorized by the court for legitimate reasons.

What Do Public Arrest Records Contain?

In Texas, the contents of public arrest records usually vary with the arresting agencies and the mode of access (online, mail, etc.). Notwithstanding, public arrest records typically contain the following:

• Arrestee’s identifying information (name, date of birth, age, physical description)
• Arrest information (date, time, location)
• Mugshot
• The specific charges for which the arrestee was arrested
• Release information (time, date, conditions)
• Bail type and amount
• Name of arresting officers and agency
• Booking information (detention facility, booking date and time, booking number).

Milam County Arrest Statistics

According to the 2023 Crime Report published by the Texas Department of Public Safety, law enforcement agencies made 31 arrests out of 241 reported offenses. In the said year, there were a total of 37 clearances, indicating a 15.4% clearance. The reported crimes were: rape (3), robbery (1), aggravated assault (45), burglary (79), larceny (84), auto theft (26), and arson (3). Arrests were only made for aggravated assault (17), burglary (4), larceny (7), and auto theft (3).

Find Milam County Arrest Records

Under the TPIA, law enforcement agencies are responsible for releasing arrest records to interested persons, except where such disclosure is restricted by law. Disseminating assumed public records is also subject to an agency’s discretionary authority. The Records Clerk at the County Sheriff’s Office maintains Milam County arrest records.

Requests made to this office must be in writing and include the requester’s name and contact information, a clear description of the sought records (dates, case number, involved parties, etc.), and their preferred means of receiving the records (email, in-person pickup, or mail). Requests are submitted by mail or in person to:

Milam County Sheriff’s Office
512 North Jefferson,
Suite A
Cameron, TX 76520.

The sheriff’s office also maintains an online inmate roster. This online database is searchable by an inmate’s name and contains the following details: mugshot, inmate name, address, age, sex, race, booking number, charges, bond amount, booking date and time, and arresting agency.

Free Arrest Record Search in Milam County

Searches on the sheriff’s online inmate roster are free. Criminal case records maintained by the court clerk’s office usually contain arrest information for cases in which an arrest was made. Requesters with sufficient case information, including dates, party names, and case numbers, should approach the clerk’s office to submit a request. While access to records may be free, fees are required if a requester needs copies.

Another free alternative is third-party websites. These providers have no affiliation with courts, law enforcement agencies, or other custodians of public records. These websites source and provide information from multiple agencies and counties. Searches on this website are generally name-based and are free. However, fees may be required for detailed reports.

How Long Do Arrests Stay on Your Record?

Indefinitely. Texas laws do not stipulate a time frame during which arrests can stay on a person’s records. Arrests can only be erased from a person’s records if they expunge or seal them. However, the record’s subject must meet eligibility requirements applicable to their charges, especially if they were convicted. Interested parties should petition the courthouse where their case was filed. The court clerk may assist with information on how to file their petition, including required documents.

Expunge Milam County Arrest Records

Individuals can expunge their arrest records if they meet eligibility requirements outlined in Article 55.01 of the Texas Code of Criminal Procedure (T.C.C.P.). Persons eligible for a record expunction should start by filing an expungement petition with the prosecuting attorney, usually in the county where the offense was committed or the criminal case associated with the arrest was filed (Article 55.02 T.C.C.P.).

If the court grants the expungement, it shall issue an expungement order, a certified copy of which shall be sent to each of the agencies mentioned in the order (usually all agencies that may have been involved with the case or have access to records). Some eligibility requirements for expunction are as follows:

• The arrest was due to mistaken identity
• The case was dismissed following a mental health treatment or a veterans program
• At least three years have passed since completing a felony sentence
• At least 180 days have passed since they completed their sentence for a Class C misdemeanor, with no felony arising from the same arrest incident
• At least three years have passed since the completion of the sentence for a Class A or B misdemeanor, with no felony arising from the same arrest incident
• A grand jury issued a "no-bill" verdict
• The case did not lead to a conviction.

Milam County Arrest Warrants

A Milam County arrest warrant is a court-issued order that commands a peace officer to arrest an individual and bring them before the court for alleged charges named on the warrant (Article 15.01 T.C.C.P.). In Texas, arrest warrants are issued by a magistrate or a judge and must be issued based on probable cause. In addition, an arrest warrant must satisfy the following:

• Be issued in the name of the state
• Must name the offenses for which the individual is being charged
• Must state the name and address of the suspect (if known) and other known personal data
• The name and signature of the issuing authority
• The arrest clause.

Do Milam County Arrest Warrants Expire?

No, While arrest warrants do not expire, a peace officer must execute arrests within a reasonable period and without unnecessary delay. Arrest warrants can be executed weeks or months after issuance and can only become inactive after the suspect has been apprehended and taken into custody. However, the individual named on a warrant may resolve it by turning themselves in and posting bond.