Arrest records in Montgomery County, Iowa are public documents pursuant to Iowa Code Chapter 22, commonly known as the Iowa Open Records Law. This statute establishes that governmental records, including those pertaining to arrests, shall be accessible to the public unless specifically exempted by law. The accessibility of these records serves multiple public interests, including:
The Iowa Open Records Law specifically designates arrest records as public information under Iowa Code § 22.7, which enumerates records that may be kept confidential. Arrest records do not fall within these exemptions except in limited circumstances, such as when they pertain to juveniles or when disclosure would jeopardize an ongoing investigation as determined by a court order.
Members of the public seeking arrest records in Montgomery County may obtain them through various governmental agencies, including the Montgomery County Sheriff's Office and the Montgomery County Clerk of Court.
Montgomery County arrest records are available through several online platforms pursuant to Iowa Code § 22.3A, which authorizes government bodies to provide electronic access to public records. The digital availability of these records enhances public accessibility while reducing administrative burden on county offices.
The Iowa Courts Online Search system provides electronic access to court records, including those related to arrests and subsequent court proceedings in Montgomery County. Additionally, the Iowa Offender Search database maintained by the Iowa Department of Corrections offers information about individuals currently under correctional supervision or who have been previously incarcerated.
It should be noted that while basic arrest information is typically available online, comprehensive records including detailed reports and evidence may require in-person requests at the appropriate county office. Online records are subject to the same legal restrictions as physical records regarding confidentiality and privacy protections under Iowa Code § 22.7.
Members of the public seeking Montgomery County arrest records in 2025 may utilize several authorized methods pursuant to Iowa Code Chapter 22. The following options are available for conducting arrest record searches:
Iowa Courts Online: The Iowa Judicial Branch electronic case management system provides public access to court records, including criminal cases resulting from arrests. Users may search by name, case number, or citation number.
Montgomery County Sheriff's Office: Records may be requested in person during regular business hours.
Montgomery County Sheriff's Office
106 W. Coolbaugh Street
Red Oak, IA 51566
Phone: (712) 623-5107
Hours: Monday-Friday, 8:00 AM - 4:30 PM
Montgomery County Clerk of Court: Court records related to arrests may be obtained from the clerk's office.
Montgomery County Clerk of Court
105 E. Coolbaugh Street
Red Oak, IA 51566
Phone: (712) 623-3317
Hours: Monday-Friday, 8:00 AM - 4:30 PM
Iowa Division of Criminal Investigation: For comprehensive criminal history records, requests may be submitted to the DCI through their criminal history record check service.
Requestors should be prepared to provide identifying information about the subject of the search, including full name and date of birth. Pursuant to Iowa Administrative Code 661-82.3, fees may apply for record searches and copies, with payment methods varying by agency.
Montgomery County arrest records contain standardized information as prescribed by Iowa Administrative Code 661-82.2 and Iowa Code § 804.29. These records typically include the following elements:
In accordance with Iowa Code § 804.29, certain information may be redacted from public arrest records, including:
The completeness of arrest records may vary based on the stage of the criminal justice process, with additional information being added as the case progresses through investigation, charging, and court proceedings.
Under Iowa law, certain individuals may petition for the expungement of arrest records in Montgomery County. The legal framework for expungement is primarily established in Iowa Code Chapter 901C, which provides specific criteria and procedures for this process.
Pursuant to Iowa Code § 901C.2, individuals may qualify for expungement if:
Additionally, Iowa Code § 901C.3 provides for expungement of alcohol-related offenses under specific conditions, and Iowa Code § 124.413A allows for expungement of certain controlled substance offenses.
The expungement process requires filing a petition with the Montgomery County District Court using the standardized forms available through the Iowa Judicial Branch website. Petitioners must:
Upon granting an expungement, the court will order all records pertaining to the arrest and related proceedings to be removed from the public record. However, pursuant to Iowa Code § 901C.2(6), expunged records remain accessible to law enforcement agencies and the judicial branch for certain purposes.
Legal representation is not required for the expungement process, but may be beneficial due to the technical nature of the proceedings. The Montgomery County Bar Association can provide referrals to attorneys experienced in expungement matters.