Montgomery County Arrest Records

According to Tennessee Law, a police officer can arrest a person with or without a warrant. Per Tenn. Code Ann. § 40-7-103, a police officer can arrest a person without a warrant if:

• The person committed a public offense in the presence of the officer.
• The person committed a felony but not in the presence of the officer.
• A felony has been committed, and the officer has probable cause to believe the arrested individual is responsible.
• A charge has been made for the commission of a felony by the arrested, and the charge was based on reasonable cause.
• The person in question was attempting to commit suicide
• The officer has reasonable grounds to believe the individual has committed a stalking offense.
• The individual, a motor vehicle driver involved in a traffic accident, left the scene and was arrested within four (4) hours of the incident. The officer has probable cause to believe the driver violated Tenn. Code Ann. § 55-10-401.

After the arrest, the police officer will take the accused to a local police station in Montgomery County to be interviewed. The officer will prepare the necessary reports and forms for the arrest. Afterward, the arrested person will be taken to the Montgomery County Jail for booking, which may take about 4 to 6 hours. The booking process comprises medical screening, taking mugshots and fingerprints, and entering the arrestee’s personal information into the computer system. The arrested person will be searched to ensure no contraband is brought into the facility. Their bail will be calculated, and a court date will be set. Certain arrested individuals may qualify for release on their own recognizance shortly after being booked. Others whose offenses are not bailable will be incarcerated until their case is heard in court.

All information collected from the arrested person during the booking process will be used to create an initial arrest record. Depending on the arresting agency, this information becomes available to the public after a few hours or days. The arresting agency will not maintain court information associated with the arrest. Such information will be available at the court where the case was handled. Interested individuals can submit a Montgomery County court records search request to find such information.

Are Arrest Records Public in Montgomery County?

Yes. Per the Tennessee Public Records Act (TPRA), all arrest records are open to the public. Therefore, all law enforcement agencies located in Montgomery County ensure arrest records are open for public inspection and copying by residents during business hours. The TPRA does not encourage the disclosure of some arrest records. These records are deemed confidential and are only made available to an authorized few. Some examples of confidential arrest records in Montgomery County are:

• Identifying information of confidential informants or undercover law enforcement agent
• Investigative records, including those of the internal affairs division of the Department of Corrections or the Department of Children's Services.
• All medical records of arrestees, including individually identifiable health information such as name, birth date, address, admission or discharge date, and medical record number.
• Footage captured by a law enforcement body camera showing minors and the interior of a licensed facility and a private residence that is not being investigated as a crime scene.
• The following information about a minor who is a victim of a criminal offense is confidential:
  • Name, telephone number, social security number and home, work, and email addresses.
  • Any photograph or video portrayal of the minor victim
  • If the defendant and the victim are related, except the relationship is an important element of the offense

What Do Public Arrest Records Contain?

Most law enforcement agencies in Montgomery County publish arrest information online for public perusal. Record seekers can find the following information in an arrest record:

• The arrester person’s first, middle, and last names
• Mugshot, date of birth, arrest number, sex, race, and age
• Booking date and time
• Bond type and amount
• Arrest date, time, and location
• The arresting officer’s name
• Offense or charges
• Release date and time
• Warrant information (full name, warrant type, bond amount, and arrestable)

Montgomery County Crime Rate

The Tennessee Crime Stats publishes crime rate reports of the Montgomery County Sheriff’s Office. The report shows about 1,017 crimes committed in 2022. About 92 of them were violent crimes, 178 were property crimes, 269 were domestic violence, 477 were drugs/DUI crimes, and 1 was a hate crime.

Montgomery County Arrest Statistics

As of June 2023, the Tennessee Department of Correction (TDOC) had about 526 incarcerated persons from Montgomery County. Approximately 11,000 arrested persons are processed in the Montgomery County Jail, with an average daily population of nearly 550. The Montgomery County Sheriff’s Office operational statistics show an average jail population of 382 as of FY21-21. The male population was about 320, and the females were 72. Total book-ins were 7,281, and about 6,350 arrestees were released.

Find Montgomery County Arrest Records

Record seekers can find Montgomery County arrest records at the Tennessee Department of Correction (TDOC). Any of the TDOC’s prisons can be visited during business hours to make arrest record requests. Inquirers must take a valid photo ID and provide a name or TDOC number to facilitate the search. Individuals who cannot perform in-person searches can use the TDOC’s Search tool to find arrest records electronically. Users can conduct a search by name, TDOC ID, or state ID.

Federal law enforcement agencies maintain arrest records of individuals who commit federal crimes. These agencies have unique ways of disseminating arrest information to members of the public. The most common methods of accessing arrest records are online, by mail, and in person. For example:

The Federal Bureau of Prisons (BOP) has an Inmate Locator where individuals can find Montgomery County arrest records at no charge. The record can be found using a number (BOP register number, DCDC number, FBI number, or INS number) or by name (first, middle, or last). Alternatively, requesters can visit any BOP facility during business hours to obtain copies of arrest records in person.

The U.S. Immigration and Customs Enforcement (ICE) issues arrest records to members of the public through its Online Detainee Locator System. Users must enter an A-Number or biographical details to find the appropriate record. Interested persons can also get arrest records by contacting ICE field offices or detention facilities. This should be done during business hours.

The Federal Bureau of Investigation (FBI) provides copies of arrest records to subjects of records online, by mail, or through authorized channelers. Applicants must pay a fee of $18 using a credit card via the Credit Card Payment Form, money order, or certified check. Those submitting their requests electronically must submit their fingerprints at participating U.S. Post Office locations. The FBI takes 15 days to process online requests and 20 days for mail requests. Mail-in requests should include a completed Applicant Information Form and the necessary fees. It should be submitted to:

FBI CJIS Division – Summary Request
1000 Custer Hollow Road
Clarksburg, WV 26306

The United States Capitol Police (USCP) provides arrest summary reports to Montgomery County residents both online and by mail. Users of the online portal can filter their searches by CFN number, crime date, crime summary, and crime type. Mail requests involve submitting a Request Form to:

United States Capitol Police
Reports Processing Section
119 D Street, Ne
Washington, DC 20510

Free Arrest Record Search in Montgomery County

The Montgomery County Sheriff’s Office (MCSO) has an Inmate Roster Search tool where individuals can find free arrest information. The search criteria are first and last names. The search will return all records available in the searched name. Record seekers can also use third-party databases to find arrest records for free. The free search will only return basic information relating to the searched name. Users would have to pay a small fee to retrieve full arrest reports.

Get Montgomery County Criminal Records

The Tennessee Bureau of Investigation (TBI) offers adult criminal history records to the general public and qualified organizations. The general public can submit name-based criminal record requests online or by mail. Online requests can be made using Tennessee Open Records Information Services (TORIS). Online customers must pay a $29 fee by credit card (Visa, Master Card, or Discover). Mail requesters must complete a Tennessee Criminal History Information Request Form (English or Spanish). The cost of mail requests is also $29, payable by money order, cashier's check, personal check, business check, or credit card. The general public can also request FBI criminal records from the TBI at a fee of $50. This is not a name-based search because fingerprints are required. Qualified organizations can retrieve criminal records using fingerprints.

Montgomery County Arrest Records Vs. Criminal Records

An arrest record is a document generated after an arrest. It contains information about the arrested person, the reason for the arrest, and any other relevant details surrounding the arrest.

Per 6VAC20-120-20, Criminal records refer to information and data on adult individuals collected by criminal justice agencies consisting of identifiable descriptions and arrest information. They also contain information on arrestees’ detentions, indictments, formal charges, and any dispositions arising from them.

How Long Do Arrests Stay on Your Record?

If a person is arrested in Montgomery County, the arresting agency will maintain a record of that arrest. The arrest record will remain publicly available unless it is expunged. The Tennessee Secretary of State (SOS) has a Records Disposition Authorization database where individuals can find the record retention of some arrest records. Below are the retention periods of some arrest records:

• Deceased offenders’ files are kept for 15 years
• Sex offender community supervision files are retained for 25 years
• Inmate patient health records are retained for seven (7) years
• Body scanner images where the incident is not identified are retained for three (3) months
• Probation and parole community supervision files are kept for five (5) years
• Arrest index cards are kept until the death of the subject.
• Complaint/incident reports not relating to a felony case are kept for five (5) years.
• Fingerprinting records are retained until the death of the subject or after 100 years.
• Inmate medical records are kept for ten (10) years after the prisoner’s release.
• Arrest records and case files maintained by the Montgomery County Sheriff’s Office are kept until they are microfilmed if the subject is found not guilty. If the subject is convicted, the records will be kept until the exhaustion of all appeals or termination of probation or sentence and then microfilmed. The original or microfilm copies of the arrest record will be destroyed on verification of death or 100 years after the birth of the subject.

Expunge Montgomery County Arrest Records

In Montgomery County, expungement is used interchangeably with expunction. It is the removal of a charge(s) from a person's criminal record. Per Tenn. Code Ann. § 40-32-101, below are the eligibility criteria for expungement in Montgomery County:

• Individuals whose charges were dismissed or Nolle Prosequi, cases where the Grand Jury returned a No True Bill, or the arrestee was not charged can be expunged without cost.
• Individuals charged with an implied consent violation under § 55-10-406 can have their records expunged without cost if the violation was dismissed without cost.
• A person can expunge their arrest records when a court dismisses their charges due to the successful completion of a pretrial diversion program.
• Individuals with only one nonviolent offense have no later arrests or violations. Those who have two convictions arising from the same incident may be eligible for expungement.

The following persons are not eligible for expungement in Montgomery County:

• A person who has successfully completed a pretrial diversion program or a judicial diversion program can have their records expunged if the offense for which the person was diverted was a sexual offense or a violent sexual offense.
• A person charged with an implied consent violation and as at the time the offense was committed, the person held:
  • A commercial driver's license or a commercial learner permit, and the offense was committed within a motor vehicle or
  • Any driver's license and the offense was committed within a commercial motor vehicle.

Eligible individuals can file a Request for Removal of Criminal Offender Record form with the Montgomery County Circuit Court Clerk. The Clerk charges a fee of $100 for expungements (Tenn. Code Ann. § 8-21-401). If the expungement request is granted, the judge will sign an Order for the Expungement of Criminal Offender Record form. The expungement order will be sent to various agencies, including the county jail, the arresting agency, the Tennessee Department of Correction (TDOC), and the Tennessee Bureau of Investigation (TBI). Each agency then follows its own procedures to expunge the charges. Applicants can contact the TDOC and TBI to inquire if they received a copy of the order. The TDOC will remove the arrest record from the Tennessee Felony Offender Lookup (FOIL) and Tennessee Offender Management Information System (TOMIS). Review the TBI’s Expungement FAQ for more information on how to expunge arrest records.

Montgomery County Arrest Warrants

Per Tenn. Code Ann. § 40-6-201, an arrest warrant is a written order signed by a magistrate and directed to a proper officer with a command to arrest a defendant. A Montgomery County magistrate will issue an arrest warrant only when there is probable cause to believe that the alleged offense has occurred and that the defendant is responsible (Tenn. Code Ann. § 40-6-205).

According to Tenn. Code Ann. § 40-6-208, an arrest warrant must clearly specify the defendant’s name if known. However, the defendant can be designated by any name if the name is unknown to the magistrate. The arrest warrant will also state the offense committed by the defendant by name, the issuing county, and the name and initials of the magistrate in office. The arrest warrant will include a copy of the affidavit of complaint. Pursuant to Tenn. Code Ann. § 40-6-212, a law enforcement officer can execute an arrest warrant in any county in Tennessee. A defendant or their attorney can request copies of arrest warrants served on them (Tenn. Code Ann. § 40-6-216).

Montgomery County Arrest Warrant Search

The Montgomery County Sheriff’s Office (MCSO) disseminates arrest warrants online or in person to the public. Online requests can be made using the Warrant Search portal. A search can be conducted by first and last names. In-person requests should be made during business hours. A name or warrant number will be required to process the request. The Sheriff’s Office is located at:

Montgomery County Sheriff’s Office
120 Commerce Street
Clarksville, TN 37040
Phone: (931) 648-0611
Email: soinfo@mcgtn.net

Do Montgomery County Arrest Warrants Expire?

No, they do not. Arrest warrants are not to become inactive until the defendant is apprehended. An unexecuted arrest warrant can be returned to the issuing court and quashed upon the request of the prosecuting attorney. If a misdemeanor arrest warrant remains unexecuted, unreturned, or unquashed for five years from its issuance, it will automatically be deleted and expunged from the records (Tenn. Code Ann. § 40-6-206).