Cumberland County Arrest Records

Failing to observe the law in Cumberland County, Tennessee, can result in an offender's arrest and the subsequent creation of their arrest record. A Cumberland County arrest record is a police document generated by a law enforcement agency after apprehending someone for a criminal offense. Then again, not all arrests end with a person's detention in police custody. Sometimes, the offender may only be cited or summoned to later appear before a judge or magistrate.

Cumberland arrest records carry information that different criminal justice players rely on. For example, prosecutors need the offense and arrest information in such records to determine whether to proceed with or refuse to file charges. Again, a defendant's legal representative usually peruses the arrest report to challenge an arrest or build arguments for a case.

Together with the Cumberland County court records, arrest records provide comprehensive information about a person's crime and punishment (or lack thereof if determined innocent) in Cumberland County.

Are Arrest Records Public in Cumberland County?

Yes. Tennessee's Public Records Act gives the public the right to examine or copy all government records except those restricted by law. As a result, any citizen can request an arrest record/report from a local police department in Cumberland County. However, the following records are deemed confidential to the general public:

• Expunged arrest records
• Records whose dissemination will compromise an active police investigation
• Juvenile arrest information
• Identifying information about a confidential source
• Personal identifying information compiled or maintained by municipal/county law enforcement agencies and detention facilities about a person who was arrested or charged but not convicted of an offense (Tenn. Code Ann. § 10-7-504(cc)). Personal identifying information includes a person's home address, social security number, and personal phone number.
• The results of the testing of an arrested person's blood for the presence of HIV/AIDS or the hepatitis virus

The Tennessee Comptroller of the Treasury's website hosts a comprehensive database of the Public Records Act exemptions.

What Do Public Arrest Records Contain?

Members of the public can see the following information in a Cumberland County public arrest record:

• Full name, date of birth, and picture of the arrested person
• Arrest date, time, and location
• Charge and description
• Booking time, date, and number
• Bond type and amount
• Court appearance date and location

Cumberland County Arrest Statistics

The CJIS Division of the Tennessee Bureau of Investigation (TBI) publishes annual crime statistics for Tennessee counties. The agency's Crime in Tennessee reports contain detailed statistics from local law enforcement agencies in Cumberland County. However, unlike similar uniform crime reports from many other US states, these reports are compiled by reporting agency, not by county.

Examining statistical data from Cumberland County's most populated city, Crossville, whose population was estimated at 12,487 in 2022, may provide an adequate understanding of the county's arrest patterns.

The Crossville Police Department reported 997 arrests that year, 924 of which were classified as adult arrests and 73 as juvenile arrests. The city's arrest rate in 2022 was 7,984.3 per 100,000 persons, and the leading arrests were for drug/narcotic violations (169), simple assault (115), and drunkenness (108).

Those interested in arrest statistics from other reporting police agencies in Cumberland, like the Harriman Police Department and Cumberland County Sheriff's Office, can also review the Crime in Tennessee reports.

Find Cumberland County Arrest Records

To locate an arrest record in Cumberland County, interested individuals may submit a public records request to the local law enforcement division that made an arrest. The requester may need to provide a name or incident date/location for the agency to process a request, and payment may be involved if duplication is required.

However, should an arrestee have been transferred to a state prison after their court case, the inquirer is advised to contact the Tennessee Department of Correction (TDOC). The department provides a Felony Offender Information portal, accessible with an inmate's name or IDOC number, for those who wish to view public inmate records, including a person's active sentences.

Still, the TDOC cannot provide information about federal inmates, as such inmates are under the Federal Bureau of Prisons (BOP) custody. To determine the whereabouts of a federal inmate, an individual can search the BOP Inmate Locator or submit a FOIA request to the Bureau. The BOP typically requires an inmate's name or unique identification number (BOP, DCDC, FBI, or INS number) to process a request. The agency only maintains information from 1982 to the present. To obtain earlier prisoner records, it is advised to contact the Archives and Records Administration (NARA).

Free Arrest Record Search in Cumberland County

It may be possible to conduct a free arrest record search in Cumberland County by requesting to inspect an arrest record through a police agency. However, if no online portal is provided to see arrest information, one may have to order copies of the record, which usually costs a fee.

Those seeking a free arrest record search can also access public records services provided by third-party vendors. These services are usually offered via a web application, where curious members of the public can search for arrest and other public information belonging to a person. However, while several sites offer a free arrest record search, users may be charged for detailed reports.

How Long Do Arrests Stay on Your Record?

Generally, arrests remain on a person's criminal record until they seek an expungement from the court. An expungement (or expunction) erases public records related to an arrest or charge. However, not everyone qualifies for this form of relief in Cumberland County.

Expunge Cumberland County Arrest Records

Tennessee law (Tenn. Code Ann. §40-32-101) allows eligible defendants to expunge (destroy/delete) their arrest records if they meet the state's requirements, which include:

• The charges were dismissed.
• The defendant was arrested but released without charge.
• The grand jury returned a "no bill" decision.
• The case resulted in a nolle prosequi (decision not to pursue prosecution.
• The case was tried, but the defendant was acquitted.

In Cumberland County, expungement applications are filed in the court that heard a criminal matter, for example, the circuit or general sessions court. Petitioners should fill out an expungement petition form (see sample) and submit it to the court clerk's office. To fill out the form, an applicant may need to acquire their court record from the clerk's office, as certain information within it will be required.

The next steps usually involve paying for the expungement. A defendant who was acquitted or had their charges dismissed, no-billed, or nolle prossed can submit the petition without paying a filing fee. However, those whose charges were on diversion (pretrial or judicial) or who are seeking a conviction expungement through the district attorney's office must pay the associated charges.

Note that if the case was dismissed with costs, it indicates that there are fees that the defendant must pay before the court expunges their record unless the party qualifies for a fee waiver. On the other hand, if a case was "retired" (put on hold), the defendant must request its dismissal before they can obtain the expungement.

After submitting the expungement petition and filing fee, if applicable, the paperwork will be sent to a judge. All relevant agencies, including the arresting department, county jail, TBI, and TDOC, will be notified if the court approves the expungement. Parties can follow up with these agencies to determine their expungement timelines.

Cumberland County Arrest Warrants

An arrest warrant in Cumberland County is a legal paper commanding a person's arrest because they are accused of participating in criminal activity or failing to comply with a court order, such as appearing for a trial/hearing or paying a court-ordered fine.

The arrest warrant typically states the legal name of the defendant (or any name/description they can be identified by) and the defendant's offense. It will also reveal the issuing county, carry the issuing magistrate or clerk's signature, and instruct that the defendant be apprehended and brought before the nearest magistrate having jurisdiction in the county of arrest.

Following Rule 4 of Tennessee's Rules of Criminal Procedure, magistrates and clerks in Cumberland are authorized to issue arrest warrants upon receiving a complaint or affidavit from a law enforcement officer. The complaint or affidavit must bear reasonable grounds ("probable cause") for a person's arrest. Without the court determining probable cause, the warrant cannot be issued.

Do Cumberland County Arrest Warrants Expire?

No, Cumberland County arrest warrants do not generally expire. Such writs follow their subjects until they surrender voluntarily or are arrested—perhaps after concentrated police efforts to bring a suspect to justice or upon any routine encounter with a law enforcement officer.

However, under Tenn. Code Ann. § 40-6-206, misdemeanor arrest warrants are given a five-year timeline for their execution, after which they are automatically terminated and eliminated from the records.