Polk County Arrest Records

In Polk County, peace officers have the authority to arrest someone who has committed or is suspected of committing a crime pursuant to ORS 133.235 and ORS 133.310. After an arrest, depending on the alleged offense, the suspect may be booked in a holding facility pending their first court date or released with the understanding that they would return for a scheduled court appearance. Subsequently, the arresting agency would generate an arrest record using the arrestee's information and details about the arrest to document the incident.

Arrest records are essential in legal proceedings that typically follow the apprehension. As a result, arrest records are usually reported to the local court that handles legal proceedings, and arrest information may be found in Polk County Court Records. Besides the local judicial system, arrest records are also usually reported by several state and federal government agencies, such as the Oregon State Police (OSP) and the Federal Bureau of Investigation (FBI).

Are Arrest Records Public in Polk County?

Yes. Oregon Public Records Law provides everyone the right to access all nonexempt records of any public body, including law enforcement agencies. As a result, most arrest records are public in Polk County.

Nonetheless, exemptions imposed by state and federal statutes can restrict or limit public access to certain types of arrest records. For instance, an arrest record connected to an ongoing investigation can be conditionally exempt from disclosure per ORS 192.345. Meanwhile, juvenile arrest records are confidential and only released to eligible persons and entities.

What Do Public Arrest Records Contain?

ORS 192.345(3) outlines some information typically found in arrest records, and they include and are not limited to:

• The arrestee's name, age, residence, employment, marital status, and other similar biographical information
• Details about the alleged offense
• The arrestee's charges
• Conditions of release
• The arresting agency's details
• Circumstances of the arrest, including the arrest time, location, resistance, pursuit, and weapon used.

Polk County Arrest Statistics

According to the Oregon Uniform Crime Reporting Data, Polk County recorded 1,165 arrests in 2023 and 1,034 in 2022. Hence, the county experienced an 11.9% increase in arrests in 2023. Of the 2023 total, 190 arrests were for simple assault, 196 were larceny/theft offenses, and 205 were driving under the influence. These offenses were some of the most common crimes individuals were arrested for that year.

Find Polk County Arrest Records

As previously mentioned, Polk County arrest records are generated by law enforcement agencies after peace officers representing them make arrests within the county. Therefore, interested persons can find an arrest record through the law enforcement agency responsible for the specific arrest.

In Polk County, most arrests are made by local law enforcement agencies, such as the Polk County Sheriff's Office, and municipal police departments, like the Salem Police Department. Hence, requests for Polk County arrest records can be directed to these agencies. To facilitate requests, record seekers are required to provide sufficient information that can be used to identify the sought-after record. These include but are not limited to:

• The arrestee's name and birth of birth
• A case number
• The date of the incident
• The address or location of the incident

Inquirers are advised to contact an agency to inquire about the methods for requesting records they accept. Most agencies accept in-person requests during regular office hours (Monday through Friday, usually between 8:00 am and 5:00 pm) at their physical address. Some agencies also provide dedicated request forms that record seekers can complete and submit to request public arrest records they preserve. Some examples of these forms include the Polk County Sheriff's Office Records Request Form and the Independence Police Department Public Records Request. Meanwhile, agencies, like the Salem Police Department, provide an online Public Records portal that record seekers can use to request records. Note that requests are usually subject to specific fees. For instance, the Polk County Sheriff's Office charges a $10 research fee for record checks and $25 for mugshots (if available)

Free Arrest Record Search in Polk County

In Polk County, interested persons can search for arrest records through local law enforcement agencies. However, these agencies usually charge a research fee to process arrest record search requests. For instance, The Independence Police Department charges a $5 research fee, and the Polk County Sheriff's Office charges a $10 research fee.

Nonetheless, some agencies, like the Dallas Police Department, allow for free in-person inspection of records during business hours by appointment only. Individuals can contact the Dallas PD's Records Supervisor to schedule an appointment at:

187 SE Court St,
Dallas, OR 97338
Phone: (503) 831-3516
Email: dpd.intake@dallasor.gov

It is worth noting that information about arrestees who were booked in Polk County Jail is available for free through the jail's roster.

How Long Do Arrests Stay on Your Record?

According to the Oregon County And Special District Retention Schedule, the minimum retention time for original arrest reports of cases involving crimes with no statutes of limitations is 75 years after the case closes. On the other hand, the minimum retention time for mugshots connected to misdemeanors, felonies, and homicides is 5, 10, and 20 years, respectively.

Expunge Polk County Arrest Records

An expunction, also known as a motion to set aside, is a legal proceeding that seals an arrest or conviction record. Once a record gets sealed in the eyes of the law, it becomes nonexistent and inaccessible to the general public.

To qualify for expunction, Polk County arrest records must meet the eligibility requirements specified in ORS 137.225. Under the statute, records pertaining to any of the following are eligible for expungement:

• A Class B felony, provided seven years have passed from the conviction date or the offender's release from imprisonment for the conviction.
• A Class C felony, provided five years have passed from the conviction date or the release of the offender from imprisonment for the conviction.
• A Class A misdemeanor, provided three years have passed from the conviction date or the offender's release from imprisonment for the conviction.
• A Class B or Class C misdemeanor or a contempt of court violation, provided one year has passed from the conviction date or the offender's release from prison for the conviction.
• Arrests that resulted in an acquittal, dismissed charges, or no charges filed against the arrestee.

Individuals with eligible records can apply for expunction by submitting necessary applications and filing them with the court where their case was heard, the prosecuting attorney (usually the District Attorney), and the OSP.

If the case was handled by a Circuit Court, like the Polk County Circuit Court, applicants must complete the OJD Criminal Set-Aside form and submit it to the court. In cases where the arrestee was not charged and the arrest occurred within Polk County, the completed OJD Criminal Set-Aside form may be filed with the Polk County Circuit Court. A copy of the completed OJD Criminal Set-Aside form must also be filed with the prosecuting attorney, such as the Polk County District Attorney's office.

Next, applicants must obtain a complete set of their fingerprints using the FBI standard blue applicant fingerprint card (FD-258). It is worth noting that the Polk County Sheriff's Office offers fingerprinting services for a $25 fee. However, fingerprinting at the Sheriff's office is by appointment only. Interested persons can contact the County Sheriff's Office at (503) 623-9251 to schedule an appointment. Once they receive their fingerprint card, applicants can complete the OSP Request For Set Aside Form. The completed request form, the applicant's fingerprint card, and the $33.00 request fee for setting aside record (via Check or money order payable to Oregon State Police) should be mailed to:

Oregon State Police, CJIS – Unit 11
ATTN: SET ASIDE
P.O. Box 4395
Portland, OR 97208-4395

After the necessary application has been filed with the presiding court, the prosecuting attorney is allowed 120 days to object to the applicant's motion. If an objection is filed, the court will schedule a hearing. Otherwise, the court would grant the request, issue an expungement order, and send the order to the necessary agencies.

Polk County Arrest Warrants

A Polk County arrest warrant is a court order that directs peace officers to arrest an individual who commits or is suspected of having committed an offense within the county. Generally, a magistrate can issue an arrest warrant when they receive a complaint accusing a suspect of committing a crime, provided there is sufficient probable cause to believe the complaint to be true. Pursuant to ORS 133.030, magistrates include;

• Supreme Court judges
• Court of Appeals judges
• Circuit Court judges
• County judges and justices of the peace
• Municipal judges.

Per ORS 133.140, an arrest warrant must:

• Be in writing
• Specify the name of the person to be arrested (if known) or a description that can be used to identify them with reasonable certainty.
• State the nature of the crime.
• State the date and county of issuance
• Be in the name of the State of Oregon or the city in which it was issued
• Bare the signature and title of the office of the issuing magistrate.
• Command any law enforcement officer to arrest the subject of the warrant and bring them before the issuing magistrate.
• Specify the amount of security required for release.

Interested persons can find active arrest warrants in Polk County by querying local law enforcement agencies in the county for information about warrants they are responsible for executing. Record seekers can also query local courts for information about arrest warrants they issue. Queries can be made at an agency's physical address or local courthouses. Alternatively, record seekers use the online record search portal provided by the Oregon Judicial Department to search for court case records. These records usually contain information about arrest warrants that may have been issued in a specific case.

Do Polk County Arrest Warrants Expire?

Polk arrest warrants do not expire. Once issued, they remain active indefinitely until the subject of the warrant is apprehended, turns themselves in, or dies.