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Montgomery County Arrest Records
In Montgomery County, arrest records are official files created in relation to arrests conducted within the county. Such records are created after law enforcement officers apprehend individuals suspected of violating state or federal statutes. Officers may sometimes conduct arrests with or without a warrant. Furthermore, officers may detain persons to prevent a potential crime or public disturbances. In Montgomery County, arrestees are temporarily held at the county jail pending the outcome of the investigation.
Montgomery’s law enforcement agencies, including the county sheriff’s office, are mostly responsible for generating arrest information. The agencies may also release copies of arrest records to interested persons or entities. For instance, citizens can make an in-person request for an arrest record by visiting the county sheriff’s office at:
1 East Main Street
Christiansburg, VA 24073
Phone: (540) 382-6915
Fax: (540) 391-4408
Montgomery arrest records are also included in crime-related public files like rap sheets and inmate records. Citizens can also find arrest information in Montgomery County court records like arrest warrants and criminal case files.
Are Arrest Records Public in Montgomery County?
Montgomery County records are accessible to the public unless they contain information that is exempt under state or federal laws. The Virginia Public Records Act regulates access to public records. It requires appointed public officeholders to release public documents upon request from the general public.
In addition, it restricts certain records from public access and determines the eligibility criteria for accessing them. For instance, expunged or sealed arrest records are not publicly accessible. Other exempt arrest records may include the following:
- Identifications of crime victims, witnesses, and complainants.
- Adult arrestee’s pictures taken during the initial booking procedure.
- Arrest information concerning juvenile arrestees
- Documents submitted in confidence to law enforcement agencies
- Personal information on persons participating in law enforcement agencies’ neighborhood watch programs.
- Information that may reveal information on protective details or undercover operations
Note: Record custodians may reveal exempt arrest information to legally eligible persons or entities. Under state laws, eligible persons may include the record subject, legal representatives, or family relations. Crime victims and witnesses may also view arrest records directly related to them.
What Do Public Arrest Records Contain?
Per § 2.2-3706 (A), Montgomery County arrest records may typically reveal these details:
- Arrestee’s information, including the name or aliases, physical attributes, and address.
- Arrest date and location
- Arrest charges
- Booking information
Montgomery County Crime Rate
According to the FBI's Crime Data Explorer, Montgomery County reported 395 crime incidents, including 306 property and 89 violent-type crimes in 2022. The reports include information on index crimes like aggravated assaults, arsons, larceny thefts, burglaries, and murder. Larceny, theft and aggravated assaults were the most reported crimes at 208 and 61, respectively.
Montgomery County Arrest Statistics
Virginia Sheriff's Association generates an annual statistics report on all reported arrests within the state. Per the report, Montgomery County's law enforcement agencies conducted 2,070 arrests in 2023. Although there are no country-specific inmate statistics for Montgomery County, Virginia's correctional facilities housed a total of 22,763 inmates as of July, 2024.
Find Montgomery County Arrest Records
Record seekers can find Montgomery County arrest records through designated record custodians like the sheriff’s office. The county sheriff may keep such records as crash reports or police reports. To obtain records, interested persons or entities must verify the record's availability by contacting the sheriff’s office at (540) 382-6915. Upon verification, they may obtain the records by visiting the address below:
1 East Main Street
Christiansburg, VA 24073
Inmate records are alternative options for finding Montgomery County arrest records. Such records may feature arrest information like arrest charges, booking details, and arrest date and location. To find inmate records, interested parties may use resources provided by designated record custodians. For instance, the Virginia Department of Corrections hosts an online database for incarcerated persons in the state’s correctional facilities. To use the portal, users must input the inmate’s name, age, gender, or inmate ID in the search boxes.
In contrast, the Federal Bureau of Prisons also provides access to inmate records. The agency hosts an online search database for current inmates. To view inmate records on the database, users must search using either the inmate’s name or prison ID number.
Free Arrest Record Search in Montgomery County
In Montgomery County, arrest records are available for free on government-owned search sites. Such sites may include the following:
- Virginia Department of Corrections inmate search portal
- The Federal Bureau of Prisons inmate locator
Record seekers may use third-party search sites as alternatives for accessing arrest records for free. The site may feature one or more types of public records that contain arrest information. With that being said, third-party sites are mostly easy to navigate and do not restrict users based on their location. Despite the advantages of using third-party search sites, they are often unregulated and may not contain updated or accurate arrest data.
Get Montgomery County Criminal Records
In Montgomery County, criminal records are official files containing an individual’s criminal history. Such records may include arrest data, court conviction information, and incarceration details. Interested parties can find Montgomery County criminal records by sending a mail request to the Virginia State Police. The agency serves as the record custodian for criminal records generated in the state. To obtain records from the agency, interested parties may use the following steps:
- Fill out an online request form.
- Select the required form type. For instance, choose a SP-230 if you are an employer or prospective employer in Virginia. Other requesters may choose the SP-167.
- Attach a completed fingerprint card (if you want the agency to include dismissed or pending arrest charges in the criminal record). You can get fingerprinted at a local law enforcement agency.
- Include the required $15 search fee using a preferred payment option. Payments via money order or checks must be made payable to the Virginia State Police.
- Mail the completed form and fees to:
Virginia State Police
Civil & Applicants Records Exchange
P.O. Box 85076
Richmond, VA 23285
Applicants may submit the request form in person by visiting the Virginia Department of State Police Headquarters at:
7700 Midlothian Turnpike
North Chesterfield, VA 23235
Montgomery County Arrest Records vs. Criminal Records
Montgomery County arrest records are not the same as criminal records. Although both records contain crime-related data, they differ in terms of content, creation process, and record custodian.
Arrest records typically contain all data generated in relation to an arrest. The data may include mugshots, arrest charges and description, arrest location, and date, and other bail information. In contrast, criminal records feature not only arrest information but also court conviction or disposition details. The record may include offenses, case summaries, and court judgments.
In terms of the creation process, law enforcement agencies are mostly responsible for creating arrest records. However, criminal records are a compilation of crime data collated from different government agencies.
Law enforcement agencies often act as custodians of arrest records, while the state police are the designated custodians of criminal records.
How Long Do Arrests Stay on Your Record?
In Montgomery County, arrest information remains permanently on your record unless you expunge or seal it. To expunge arrest records, you must follow the set legal guidelines. You should also note that some arrest records are not eligible for expungement.
Expunge Montgomery County Arrest Records
Per § 19.2-392.1 of the Virginia Code, you can expunge arrest records by filing a petition with the circuit court located in the county where the arrest occurred. Upon receiving the petition, the court may decide to expunge arrest records, provided the petitioner fulfills the legal requirements.
Who is eligible to expunge arrest records in Montgomery County?
Under Chapter 23.1 of the Virginia Code, you are eligible to expunge arrest records if:
- You were acquitted.
- The charges were dismissed.
- You were arrested due to a mistaken or stolen identity.
How to expunge arrest records in Montgomery County
Follow these guidelines to expunge arrest records in the county:
- Create a petition that includes the following information:
- Petitioner's full name and birth date as of the time of the arrest
- A copy of the arrest warrant, summons, or indictment.
- The specific arrest charges or criminal records to be expunged
- A copy of the petitioner's criminal record. Petitioners must request the records from the Central Criminal Records Exchange (CCRE). Upon receiving the request, the agency will forward the criminal record to the circuit court.
- File the petition with the Montgomery County Circuit Court Clerk's office at:
- Upon receiving the request, the clerk's office will serve a copy of the petition to the Montgomery County prosecuting attorney's office. The attorney may file an objection or state that there are no objections within 21 days of receiving the petition.
- The court will conduct a hearing about the petition and may give an order to expunge arrest records if:
- The petitioner has fulfilled the legal requirements for expunging arrest records
- The prosecuting attorney does not object to the petition
- The arrest record may lead to discrimination against the petitioner.
Montgomery County Arrest Warrants
Arrest warrants are court documents that authorize arrests of persons suspected of committing a crime. Per § 19.2-71 of the Virginia Code, court judges, clerks, or magistrates may issue arrest warrants upon receiving a complaint from law enforcement agencies. The warrant authorizes officers to arrest defendants named on the document.
Arrest warrants issued in Montgomery County will typically contain information on the following:
- The defendant's name or description
- Offense charged
- A statement authorizing the arrest
- The issuing officer's signature
Montgomery County Arrest Warrant Search
Record seekers can find active arrest warrants by making an inquiry at the county sheriff's office. Note that arrest warrants are also court documents. Thus, requesters can find arrest warrants at the court that issued them.
Do Montgomery County Arrest Warrants Expire?
In Montgomery County, arrest warrants do not expire unless the court nullifies them or the defendant is apprehended. Furthermore, warrants remain valid even after the statute of limitation for the crime has elapsed.