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Montgomery County Arrest Records

Montgomery County arrest records are official documents created by law enforcement agencies that contain details about a person's apprehension, conviction, and detainment under suspicion of committing a crime.

According to the Texas Code of Criminal Procedure, Title 1, Chapter 2A (Art. 2A.003), a Texas peace officer may arrest any individual suspected of breaking state laws. Arrestees are typically held at the Montgomery County Jail, a facility overseen by the Montgomery County Sheriff's Office. After an arrest, the individual is booked into the facility where their arrest record is generated and recorded. The arrest record contains details about the arrest and the individual, such as their full name, charge, mugshot, fingerprint, etc.

Although they are created and maintained by separate agencies, the information found in the arrest records usually forms the basis of Montgomery County court records, especially in criminal trials.

Are Arrest Records Public in Montgomery County?

Yes, arrest records are public in Montgomery County. According to Texas Government Code Chapter 552, records created or maintained by government bodies while conducting their official business must be made accessible to the public. Thus, anyone can request arrest records for inspection or copying unless a court has specifically exempted them from public disclosure.

Examples of records exempt from public disclosure include records with confidential information about the arrestee, records detailing investigation techniques, records that may impede an ongoing investigation, records filed in the juvenile court, and records that have been expunged. Law enforcement agencies and other governmental agencies are eligible to view some restricted information as it can aid in their daily law enforcement missions. Individuals named in the arrest record or their legal representatives may also be eligible to access restricted records if a court authorizes their request.

What Do Public Arrest Records Contain?

Information typically contained in a Montgomery County arrest record includes the following:

  • Arrestee's details (full name, age, gender)
  • Arrestee's physical description (ethnicity, height, hair, eye color, and body markings or modifications)
  • Mugshot
  • Description of the charges
  • Date of the arrest
  • Location of the arrest
  • Arresting agency
  • Case number
  • Booking number.

Montgomery County Crime Rate

According to the Texas Department of Public Safety Uniform Crime Reporting System, the top crimes in the county are assault (aggravated), larceny/ theft, burglary, and motor vehicle theft. The crime rate per offense in 2023 is 6613 for assault (aggravated), 5775 for larceny/theft, 1301 for burglary, and 1077 for motor vehicle theft. There was a 0.68% increase in the crime rate per 100,000 population between 2022 and 2023.

Montgomery County Arrest Statistics

The Texas Department of Public Safety 2022 crime report gives the year-round arrest rate for all counties in Texas, including Montgomery County. According to the report, Montgomery County had four arrests for murder, 37 arrests for rape, 26 arrests for robbery, 494 arrests for assault, 114 arrests for burglary, 820 arrests for larceny, and 95 arrests for auto theft. There were 1593 arrests in total for that year.

Find Montgomery County Arrest Records

Individuals can find Montgomery County Arrest Records by making an open records request at the Montgomery County Sheriff's Office. To obtain this record, a written request that includes the requester's mailing address is completed and submitted to the Sheriff's office by email, fax, U.S. mail, or in person. Interested persons can also complete an Open Records Request form online to obtain arrest records. Records requests take ten business days to process.

Record requests with active or ongoing investigations are forwarded to the Texas Attorney General's Office, which determines whether the full record will be released. Offense reports and other records are only made available upon request if the record does not impede an ongoing investigation and if the report is not filed with a juvenile court. The fee for processing the records depends on their depth. The contact address for obtaining a record is as follows:

#1 Criminal Justice Drive
Conroe, TX 77301
Email: mcsoopenrecords@mctx.org
Fax: (936) 760-5826

On a state and federal level, individuals can also find arrest records from the Texas Department of Criminal Justice (TDCJ) or the Federal Bureau of Prisons (BOP). The TDCJ makes inmate information available by email at pia@tdcj.texas.gov, telephone at (936) 295-6371 or (800) 535-0283, and online through their Inmate Information Search. The inmate's TDCJ number, full name, or date of birth are needed to complete email and phone requests. The BOP maintains an online Inmate Locator Tool for interested persons to find inmate records by number or name.

Free Arrest Record Search in Montgomery County

The Jail division of the Montgomery County Sheriff's Office maintains a free Jail roster and makes it available on their website. Individuals can conduct a name search to determine whether a person has been arrested and housed at the county jail. Arrest records, including the inmate's full name and mugshot, can be retrieved using this tool.

In addition to the county's free records search tool, individuals can use third-party sites to find arrest records. To complete a search individuals need to know at least the suspect's name. As they are not the official custodians of arrest records, records obtained from third-party sites may not be as current as government sources.

Get Montgomery County Criminal Records

Criminal records in Montgomery County are official documents that state a person's criminal activity. They contain all contact between the individual and law enforcement agencies and provide further details of the case going through the county's criminal justice system. A criminal record is also called a criminal history in Montgomery County.

The Texas Department of Public Safety (DPS) keeps all records of convictions or deferred adjudications within the state and makes them available to the public through the Computerized Criminal History System (CCH). Individuals can obtain criminal records by conducting a Criminal History Conviction Name Search of their database.

To complete a search, individuals must create a CRS Public Website Account and purchase credits for their account. It costs $3 per name search, regardless of whether the record is found. Users can also obtain records by mail or electronically through the Department of Public Safety for $24.95.

Montgomery County Arrest Records Vs. Criminal Records

Criminal records are prepared by criminal justice agencies and contain details of the individual's arrest, conviction, and sentencing. An arrest record, on the other hand, contains details of an individual's apprehension and detainment by law enforcement agencies for suspected criminal behavior.

The main difference between both records is that arrest records do not prove that an individual broke the law as it does not contain conviction records. Arrest records simply list offenses for which the individual was arrested while criminal records contain conviction information and are proof that a person has gone through the legal system and has been judged guilty or not. Furthermore, arrest records are a subset of criminal records.

How Long Do Arrests Stay on Your Record?

Arrest records stay on a person's record forever and are accessible to the public during background checks unless they are expunged or classified for non-disclosure. Chapter 55 of the Texas Code of Criminal Procedure prescribes the guidelines and eligibility requirements before record expungement. Section 411.071 of the same code also allows individuals not eligible for expungement to get an order of non-disclosure to stop public access to the arrest records.

Expunge Montgomery County Arrest Records

Under Texas law, individuals can sometimes remove records of arrests, charges, or convictions from their permanent records by applying for expunction or non-disclosure. To receive an expunction, the individual or their attorney files an expunction petition with a district court requesting to be granted an expunction order. If all eligibility requirements are met, the expunction is granted; otherwise, the court will hold a hearing. When the expunction is granted, the order is signed by the judge and submitted to all agencies with the record so it can be deleted.

To expunge Montgomery County arrest records, the record must satisfy the following eligibility requirements:

  • The individual was not charged after the arrest.
  • The charge was dismissed.
  • The offense was committed by a juvenile or minor, such as misdemeanors, breaking the alcoholic beverage code, and failure to attend school.
  • The arrest and charge was due to identity theft.
  • The defendant was acquitted by the trial court or the Court of Criminal Appeals.
  • The prosecuting attorney recommended the expunction of the case before trial.
  • The case was judged as not guilty and acquitted or pardoned by a court.
  • The case was judged guilty, but the Texas Court of Criminal Appeals overturned the conviction.
  • The case was judged guilty but received a Governor's pardon or a pardon by the U.S. president.
  • The case received a deferred disposition due to a Class C misdemeanor offense.

It is important to note that not all records that qualify for expunction get expunged. Depending on the offense they were arrested for, and if charges were not filed, there is a waiting period before a person can apply for expungement. It is listed as follows:

  • One year for Class A and B misdemeanors
  • 180 days for Class C misdemeanors
  • Three years for felonies

The Montgomery County District Clerk's Office handles expungement within the county. They notify the County Clerk once an expungement has been granted. Individuals are to contact a private expungement lawyer or contact the District Clerk's Office to apply for expungement if eligible. The contact address for the District Clerk's Office is as follows:

Montgomery County District Clerk
P.O. Box 2985
Conroe, TX 77305
301 N. Main Street, Suite 103,
Conroe, TX 77301
Phone: (936) 539-7855
Email: districtclerk@mctx.org

If an offense is not eligible for expunction, the individual can obtain an order of Non-Disclosure, which will limit public access to the record. As there are several non-disclosure orders, individuals need to find out which one they are eligible for, as listed in the Government Code Section 411.074.

Montgomery County Arrest Warrants

According to the Texas Code for Criminal Procedure Title 1, Chapter 15, arrest warrants are legal documents issued by a court or judge that authorize law enforcement officers to detain an individual accused of committing a crime. Warrants work by specifying the crime for which the individual is being arrested and dictating how the arrest should be made.

A warrant is issued when a law enforcement officer submits an affidavit to a neutral judge detailing the alleged crime and establishing probable cause that the named individual committed it. If the judge determines that probable cause was established, they issue a warrant for the arrest of the named individual and sign it. For a warrant to be binding, it must carry a judge's signature.

Arrest warrants may be issued for one of the following reasons:

  • When there is probable cause and concrete evidence that a person committed a crime
  • For failure to appear in court when summoned
  • For probation violation
  • For failure to pay child support
  • If the named individual has an out-of-state warrant issued for them.

Montgomery County Arrest Warrants typically contain the following information:

  • The warrant subject's name
  • The alleged offense
  • The corresponding criminal code or statute
  • The judge's signature, name, and office.

Montgomery County Arrest Warrant Search

Interested individuals can find active warrants in Montgomery County by contacting the Montgomery County Sheriff's Office and providing information about the warrant, such as the suspect's name. The Sheriff's office also maintains an online warrant search tool where individuals can search for active warrants using their name, zip code, or warrant number.

Montgomery County Sheriff's Office
1 Criminal Justice Drive
Conroe, TX 77301
Phone: (936) 760-5800

Do Montgomery County Arrest Warrants Expire?

No, Montgomery County arrest warrants do not expire. In Texas, arrest warrants stay active indefinitely. When an arrest warrant is issued, it remains active until the arrest has been made or the case is resolved or dismissed by a court. Although arrest warrants do not expire, the factors that might affect their execution include the following:

  • Jurisdiction: If the arrestee moves beyond the jurisdiction of the agency enforcing the warrant, they will need to collaborate with the agency in the new jurisdiction to complete the arrest. This may delay the execution of the warrant.
  • Court Order: A judge may cancel or recall an arrest warrant due to new developments in the case or if the warrant is determined to be obtained illegally by the requesting officer.
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