Cheshire County Arrest Records

Law enforcement officers, including the Cheshire County Sheriff's Department and local police, are legally authorized to make arrests for various offenses. This is according to the provisions of Chapter 594 of the New Hampshire Revised Statutes. This statute outlines the provisions for actions based on warrants or probable cause for felonies, misdemeanors, and other law violations.

Typically, in Cheshire County, upon arrest, an individual is taken to the nearest police station for booking. The booking process generally involves collecting details such as photographs, fingerprints, personal information such as name, nickname, identifying marks or tattoos, the alleged crime, location of the alleged crime, and whether a vehicle was used.

Depending on the severity of the offense, the arrested person may be remanded at a local jail pending court arraignment or released with a summons to appear in court. A peace officer is legally authorized to issue a written summons instead of an arrest if a misdemeanor is suspected.

Arrest records, like other Cheshire County Court Records, are classified as public records in Cheshire County and are managed by the Superior Court and the county's Sheriff's office. These records are vital in legal proceedings and can be accessed by direct request to local law enforcement offices or through the New Hampshire Department of Safety.

Are Arrest Records Public in Cheshire County?

Yes, arrests in Cheshire County are classified as public records per Revised Statutes Annotated 106-B:14. The Criminal Records Unit of the New Hampshire State Police Justice Information Bureau compiles these criminal records and makes them available for public access via its centralized state database. However, Cheshire local police and Sheriff maintain copies of arrests made within the county. These records are made available to interested individuals upon request per the Revised Statutes of New Hampshire.

It is worth noting that while the law allows for public access to arrest records in Cheshire County, certain records can be withheld from public scrutiny. Below are some specific conditions under which a Cheshire law enforcement agency can restrict access to records within the county:

• If the information is related to an ongoing investigation
• If the information contains details related to a confidential source
• If it includes information about an agency's internal procedures or protocols
• If the information could pose a risk to national security

What Do Public Arrest Records Contain?

In Cheshire County, an arresting officer is required to document details of the apprehension. This includes the specific location where the arrest occurred, the date of arrest, statements from the arrested individual, and the reason for the arrest. A typical arrest record in Cheshire County includes the following details:

• Arrested person's full name
• Physical attributes
• Fingerprints of the arrested person
• Age
• Alleged crime
• Mugshot

Cheshire County Arrest Statistics

The FBI's 2022 Uniform Crime Reporting (UCR) data revealed that Cheshire County had a total of 5 violent crimes reported for that year, consisting solely of aggravated assaults. For 2022, Cheshire County had no reported case of murder, non-negligent manslaughter, robbery, or rape. Concerning property-related crimes, Cheshire County had a total of 9 property-related crimes in 2022. There were 4 cases of burglary and 5 reported cases of larceny theft, but no reported motor vehicle theft or arson. The 2022 data shows a relatively low incidence of property and violent crimes in Cheshire County.

Find Cheshire County Arrest Records

Numerous avenues are available for individuals interested in accessing arrest records in Cheshire County. Below is a detailed description of state and federal avenues through which interested parties can access Cheshire County Arrest Records:

• New Hampshire Department of Corrections (NHDOC)

The New Hampshire Department of Corrections manages and maintains the state remote inmate locator tool. This tool allows interested parties to search for all incarcerated individuals in the state's correctional facilities. Search on this remote tool by first and last name or inmate ID number. The inmate locator is vital in accessing information on inmates who have been convicted and are serving their sentences within the state system.

• Cheshire County Sheriff's Office

The Cheshire County Sheriff's Office can also provide vital information concerning ongoing investigations and recent arrests within the county. The County Sheriff's office is responsible for making arrests within the county; they can equally assist with queries regarding offenders being held in local facilities. Individuals interested in obtaining arrest records can do so by lodging their requests at the Sheriff's office.

• New Hampshire State Police

The State Police maintains a statewide record, which includes criminal history information and arrest records. Individuals interested in accessing arrest records can do so by requesting a criminal record check through the New Hampshire Department of Safety. This check typically includes arrest records, and it is worth noting that this requires a formal request and a fee.

Federal Bureau of Prisons (BOP)

The Federal Bureau of Prisons provides a nationwide inmate locator through which interested parties can locate individuals in federal facilities. This remote tool is crucial in locating individuals held in federal custody and those who were arrested in New Hampshire and transferred to a federal facility.

• FBI Crime Data Explorer

Additionally, the FBI provides the Crime Data Explorer, through which interested parties can access broader arrest data and crime statistics for counties, including Cheshire County. This tool allows users to access data that can subsequently be used to analyze crime trends and arrest patterns within a county or region.

• Requesting Arrest Records:

Individuals interested in requesting specific arrest records from the Sheriff's office can submit a written application via mail or in person to the accurate address. It is, however worth noting that the following details may be required for a request to be considered and attended to:

• Full name of the arrested individual
• Date of arrest
• Location of arrest
• Date of birth of arrested individual (optional)
• Contact information of the requester
• A valid government-issued ID

Free Arrest Record Search in Cheshire County

Members of the public in Cheshire County can request arrest records at no cost from the local police departments or the Cheshire County Sheriff's office. Typically, these requests can be made in person or via mail at no cost if they need basic information. Additionally, some departments offer remote access to public arrest records within the county. A typical instance is the New Hampshire Judicial Branch's Case Access tool, which allows users to search for court records related to recent arrests at no cost. Details such as the arrested individual's first and last name are usually required to search.

How Long Do Arrests Stay on Your Record?

In Cheshire County, New Hampshire, an arrest typically remains indefinitely pending expungement on an individual's criminal record. Depending on the outcome and the period after arrest, New Hampshire law allows interested individuals to request expungement of an arrest from their records. Additionally, if the case resulted in a not-guilty verdict or the charges were dismissed, such an individual can request an annulment one year from the date of the final deposition. If the charges, however, resulted in a conviction, the waiting period would depend on the severity of the offense. More serious crimes like felonies have a waiting period of 10 years, while minor crimes like misdemeanors have three years. It is worth noting that while an annulment would remove the record from public access, law enforcement agencies and the court will still be able to access it.

Expunge Cheshire County Arrest Records

In Cheshire County, specific guidelines must be followed before an arrest record can be expunged or annulled. Per RSA 651:5, below is a detailed breakdown of the annulment process, eligibility requirements, and other pertinent details:

Eligibility Requirements for Annulment:

If the charges leveled against an individual were dismissed if they were found not guilty, or the prosecutor in charge of the case failed to proceed with the case, then such an individual can request annulment 1 year after the final date of the court action. Below is the required waiting period for various offenses after which the arrested parties can seek annulment legally:

• Violations have a waiting period of three years after completing the sentence
• Class B Misdemeanors has a waiting period of three years
• Class A Misdemeanors have a five-year waiting period
• Non-violent felonies require a waiting period of 10 years after completing the sentence
• Violent felonies or other severe offenses may not be eligible for annulment

Process for Expungement/Annulment

• The first step in seeking annulment in Cheshire County is to petition the court where the original charges were filed for annulment. This typically involves obtaining an annulment form from the New Hampshire Judicial branch, completing it, and submitting it alongside the petition.
• Upon submission, a criminal background check will be conducted on the requester to confirm eligibility for annulment.
• It is worth noting that different offenses require different fees, which are to be paid while submitting the petition
• This step is followed by court review, which may include a hearing; subsequently, the severity of the offense, the behavior of the individual after the offense, and opposition from law enforcement would be heard and considered
• Once approved, the judge issues an order to annul the record.

Cheshire County Arrest Warrants

In Cheshire County, an arrest record refers to a legal document issued by a judge or magistrate authorizing law enforcement officers to arrest an individual. Arrest warrants typically help ensure that individuals suspected of wrongs are arrested and brought before the court. Before an arrest warrant can be issued in Cheshire County, it must be applied for formally by law enforcement officers; this process typically involves:

• Submitting an affidavit with the reason for the arrest that demonstrates probable cause that the individual named in the affidavit committed a crime.
• This is followed by a judicial review, in which a judge or magistrate determines the sufficiency of the evidence presented and whether it is enough to obtain a warrant. Once approved, the warrant is signed and becomes active.

Information contained in an Arrest Warrant

• Defendant's full name (First and last)
• Identifying information such as age or date of birth
• Information about the alleged crime
• Summary of facts and evidence supporting the arrest
• Issuing judge's name
• Signature of issuing judge
• Instructions for law enforcement on how to execute the warrant

Do Cheshire County Arrest Warrants Expire?

Arrest warrants do not expire in Cheshire County. They remain valid indefinitely until executed or recalled (quashed) by a court. This typically means that regardless of the years the warrant has stayed active since its issuance, it can be enforced at any time. It is worth noting that individuals who believe a warrant is unjustified, however, reserves the right to request a hearing to quash such a warrant.