Smith County Arrest Records

Smith County arrest records provide details about law enforcement detention within the county. Law enforcement officers have a duty to make arrests in situations where they witness a crime or there is an active warrant for that person's arrest. They can also make arrests to prevent an alleged offender from fleeing or committing a crime.

Arrest records are law enforcement or court documents that contain details of detainees, like their names, addresses, phone numbers, and age, as well as the reason why they are detained, such as the alleged offense and supporting law. Arrest records also contain the circumstances of the arrest, including the location, time, and date, as well as the name and information of the arresting officer. These records are created and managed by the Smith County Sheriff’s Office according to the Tennessee Rules of Criminal Procedure and other statutes.

They are also maintained by the court in cases where the detainee is formally charged in court. The arraignment details usually include information about the investigating or arresting agency, the alleged offense, the offender’s basic details, and a general timeline of the arrest event. This means the public can also access arrest records through the Smith County court records. When arrests are made in the county, the offenders are usually detained at the Smith County Jail and Sheriff’s Office. This facility holds pretrial detainees who are yet to appear in court, as well as detainees awaiting sentencing and offenders serving sentences of less than a year. The sheriff’s office generates these records through a booking report and jail log, while the Circuit Court clerk or the Smith County General Sessions Court Clerk will provide criminal court records.

Are Arrest Records Public in Smith County?

Yes, Smith County arrest records are public records according to the Tennessee Public Records Act (Tennessee Code Annotated § 10-7-503 et seq.). This law states that public records in the archives of government agencies must be made available to the public for inspection or copying. This means that there are publicly accessible and restricted arrest records. The public can access basic arrest details such as the offender’s name, age, mugshot, the time, place, and date of the arrest. There are also restricted details that are exempt from public access.

Members of the public cannot be privy to arrest records that contain details from ongoing investigations, sensitive personal details like residential address, juvenile records, and sealed or expunged records. These records can be accessed using a request that must include the requester’s government-issued ID and a court order for restricted or sealed records. Requesters can physically submit their requests at:

Smith County Sheriff’s Office
322 Justice Drive, Suite 200
Carthage, Tennessee 37030
(615) 735-2626 - Main Office/Jail
(615) 735-2727 - Alternate Line

Smith County Arrest Statistics

In 2024, Smith County recorded a total of 859 arrests as reported by the Smith County Sheriff’s Office. According to the FBI’s Crime Data Explorer, there were 479 arrests for all other offenses, 54 arrests for simple assaults, 19 arrests for aggravated assault, and two arrests for burglary. The county recorded seven arrests for motor vehicle theft and larceny, respectively, while there were no arrests for arson, homicide offenses, robbery, or sex offenses.

Find Smith County Arrest Records

Smith County arrest records can be found through the sheriff’s office or the courts. They are public records and can be requested by anyone in the county using mail-in or in-person requests. Arrest records can be accessed by contacting the office directly via a phone call. They can also be found online through the state’s Tennessee Felony Offender Information website. This website provides a search platform for all offenders booked within the state. This website provides access to information about felony offenders who are or were in law enforcement custody or under the Tennessee Department of Corrections’ custody. At the county level, requesters can approach the Circuit Court or General Sessions Clerk’s office for court records containing arrest information. These court records can also be looked up through the state’s Public Case History website.

Smith County Arrest Records Vs. Criminal Records

Smith County criminal records refer to documents and files from the court and law enforcement bodies containing an offender’s complete criminal profile. These documents contain details about arrests, the offender’s physical appearance, name, age, court documents, judgment records, and jail records. Criminal records are usually finalized after the court trial process, while arrest records are generated after an offender’s detention and booking.

An arrest record is a document showing an offender’s details as well as their arrest situation. This document contains details of the arrest time, date, location, arresting officer or agency, and alleged crimes. While they are restricted to allegations and the arrest only, criminal records contain all information related to the offender’s criminal activities. While both records could be obtained through the courts and law enforcement agencies, arrest records cannot be used as evidence of guilt or liability for an offense. This is because they do not provide any trial or conviction details, unlike criminal records.

How Long Do Arrests Stay on Your Record?

Arrest records will remain on your record forever because there is no provision for automatic removal in any state or county regulations. They will be on your public records permanently unless legal steps are taken to remove them. Smith County allows the expungement of records that have some eligibility requirements, like the arrest not resulting in a conviction. In cases where there is no conviction, it means the court dismissed the case, made a not guilty verdict, or the charge was withdrawn. In such situations, the record becomes eligible for expungement immediately. When there is a conviction, the following requirements must be met:

• Completion of the waiting period, which is 5 years from the completion of the sentence
• Expungement is allowed for one prior conviction
• All fines, fees, and restitution must have been paid
• The offense is included in the misdemeanors and lower-level felonies that can be expunged

Smith County Arrest Warrants

Smith County arrest warrants refer to legal documents that provide information about detainees and lawful arrests. Arrest warrants include documents like arrest or bench warrants for bringing offenders who shun court appearances and individuals suspected of committing a crime into law enforcement custody, respectively. They ensure arrests are lawful as they provide details of the crimes alleged and the arresting agency or officer involved.

Arrest warrants are issued by a judge, who signs them to make them active and executable. Arrest warrants remain active and enforceable until the arrest is executed or the court recalls or withdraws the warrant. They are public records that are issued when there is enough evidence to reasonably believe the alleged offender is guilty. These warrants are public records as they contain details that do not violate the registrant’s privacy or security. The public can obtain copies of active arrest and bench warrants from the council courts and the sheriff’s office.

Do Smith County Arrest Warrants Expire?

No, arrest warrants in Smith County are issued to remain active indefinitely. There is no state or county regulation that makes them expire by law or due to the passage of time. They can be withdrawn or recalled by a judge before the arrest is executed. Arrest warrants can also become inactive after the alleged offender has been apprehended. For criminal charges subject to statute of limitations, the issued warrant might still be executable, but with no result. After the statutory time limit expires, the case cannot be filed, and any arrest will be of no use. Statutes of limitations do not apply to bench warrants because the case has been filed, and the arrest is to produce a party who does not show up in court.

Expunge Smith County Arrest Records

Smith County arrest records can be expunged according to Tennessee Code Annotated (T.C.A.) § 40-32-101. This law guides the rights to remove public records, such as arrests. Expungement refers to the complete destruction of the records such that it will be deemed that the incident never happened. To qualify for expungement in Smith County, the charges must not have resulted in a conviction. This means that the case was dismissed, there was an acquittal, the grand jury did not indict, or the prosecution dropped the case. This also applies to arrests without a formal charge. There is no filing fee for expungement applications in situations where the case was dismissed or there was an acquittal. For cases where there was a conviction, the offender must meet these requirements:

• 5 years must have passed since the sentence was completed
• The offense is a Class E felony or a misdemeanor, which excludes driving under the influence, domestic violence, or sexual offenses
• The offender has no more than one prior conviction in any jurisdiction

Individuals who qualify for expungement can apply for expungement by following these steps:

• Obtain your case disposition from the Smith County Circuit Court Clerk or the General Sessions Court Clerk’s Office. This will be used to verify the charge, date, and case outcome.
• Obtain and complete the petition for expungement. The form can be obtained for dismissals, which is the standard form, or for convictions or diversions, which is a more complex form.
• Pay the required fees and file the petition. Cases that were dismissed will be filed for free.
• The petition will be submitted to the judge, who will sign the order if the case meets the statutory requirements.
• The removal is processed by deleting the local court record and sending the order to the Smith County Sheriff’s Office and the Tennessee Bureau of Investigation to clear the record in their archives.