Kent County Arrest Records

Police officers in Kent County are required, per Rhode Island's General Laws, to enforce the state's statutes and to arrest anyone whenever they have cause to suspect that they have committed or are committing a criminal offense. Officers may make arrests without a warrant if they have good reason to think the individual has committed a crime. Rhode Island General Laws, Section 12-7-1, stipulate that a law enforcement official may detain an individual for at least two hours. However, if the person is not accused of a crime, this detention is not documented as an arrest. After being taken into custody by Kent County law enforcement, the arrestee is taken to the police station. There, they are "booked". During this process, a law enforcement official processes their fingerprints, photos, and demographic data and adds them to a file as part of the suspect's arrest records. Depending on the offense, the suspect might be held in jail by the arresting police department until their initial court appearance or released on bail set by a court.

Kent County arrest records are a component of an individual's criminal history and are used to monitor significant criminal run-ins. County law enforcement agencies hold them, and they may be featured as part of Kent County Court Records if they are relevant to a court hearing.

Are Arrest Records Public in Kent County?

According to Rhode Island Public Records laws, arrest records are considered public records in Kent County. The law stipulates that law enforcement agencies that maintain and produce arrest records must make these records available to members of the public.

According to R.I. Gen. Laws § 38-2-3.2, information regarding an adult's initial arrest and charge(s) must be made available forty-eight (48) hours after the public records request is received unless it is made on a weekend or holiday, in which case it must be made available (72) hours later. However, R.I. Gen. Laws Section 38-2-1 mandates that public entities evaluate arrest records on a case-by-case basis to determine whether the people's privacy rights outweigh the public's interest in disclosing the information. The Rhode Island Public Records Act also exempts the following information on an arrest record and reports from being made public:

• Juvenile arrest records
• Any arrest record information that could potentially be considered to obstruct criminal investigations or law enforcement actions;
• Any record that would deny someone their right to an impartial decision-maker or a fair trial;
• Data might be reasonably expected to reveal the name of a confidential source, such as a private institution that provided information on a confidential basis, or the identity of a state, local, or foreign agency or authority;
• Any information that would make available the methods and protocols used in law enforcement investigations and prosecutions

What Do Public Arrest Records Contain?

According to R.I. Gen. Laws Section 38-2-3.2, an arrest record for Kent County must contain the following details:

• The full name of the adult detained;
• The suspect's home address (unless providing it would reveal the identity of a crime victim)
• The arrested adult's birth year;
• The charges against them
• The arrest date and booking date;
• The arrest's time;
• The person's gender;
• The adult detainees' race;
• The arresting officer's name, unless disclosing it would compromise an undercover agent's identity.

Find Kent County Arrest Records

Interested members of the public may find Kent County arrest records by visiting any city police department within county limits. If the inquirer would like to request the records in person, they may visit the police department or Sheriff's Office and submit an oral or written request. A department officer or clerk will ask the person requesting records for their name and the purpose of the report. However, if the requester refuses or is unable to identify themselves appropriately, they may be unable to access the record of interest.

Kent County arrest records can be searched using the name of the person on the arrest record, the date of an arrest, or the date of birth of the subject of the record. After the request is received and verified to comply with agency policy and legal requirements, the records provider will promptly provide the requested information or records.

Searches can also be conducted online through request forms available on the police department's web pages. Inquirers may also opt to request the records via mail by downloading the department records request forms, completing them, and mailing them to the police department along with the request fee and a return address to collect the arrest records.

Requests for arrest records must be sent to the police department's Records Division. The records division maintains the department's records and ensures that they comply with the National Crime Information Center (NCIC) and the National Incident-Based Reporting System (NIBRS). It also keeps all police records filed within each department. If someone would like to make a request in person, they can go to any police department and submit an oral or written request. After the request is received and verified to comply with agency policy and legal requirements, the records provider will promptly provide the requested information or records.

Inquirers may also look through online arrest logs to find arrest records specific to a particular police department.

State requests for Kent County arrest records can be directed to the Rhode Island State Police. Requests must be sent to the Rhode Island police headquarters by mail or hand-delivered to any Rhode Island State police barracks and addressed to the Rhode Island State Police legal office.

Rhode Island State Police Headquarters,
Legal Office,
311 Danielson Pike,
North Scituate, RI 02857

The Federal Bureau of Investigation (FBI) can also provide inquirers with their arrest record information. Inquirers may request their criminal history from the FBI, and the FBI will perform a criminal background check, searching through many systems for any records of arrests. Requests can be made online or through the mail and must be accompanied by identification documentation and the payment of a $18 processing fee with a credit card, money order, or cashier's check made payable to the United States Treasury.

Free Arrest Record Search in Kent County

Kent County police departments may provide requesters with arrest records for free if they can prove they do not have the financial resources to pay the processing fee, but this is only possible in specific circumstances. For example, individuals who are eligible to have their arrest records expunged can apply for arrest records and have their fees waived if they can prove they cannot pay the associated costs.

Third-party sites also provide an option for a free arrest records search in Kent County. These independent databases collect arrest record data from different sources and provide these records to interested individuals to be accessed remotely. Third-party sites that are free to use usually provide limited versions of arrest records as a side service. Individuals need to visit premium pay-to-use third-party sites to access more comprehensive arrest records from third-party sources.

Get Kent County Criminal Records

A Kent County criminal record is an official record that includes a person's arrests, convictions, and other relevant details about their criminal history. Alternatively, it is known as a Record of Arrests and Prosecutions (RAP) sheet.

The only way to receive an official criminal record for Rhode Island is through the Bureau of Criminal Identification (BCI) at the Attorney General's Office. At the Office, persons can either request a national background check or a state background check.

To receive a copy of the record in person, requestors must bring $5 (in the form of a check, money order, or credit card) and a valid ID to the Attorney General Customer Service Center in Cranston. Staff will provide individuals with their records within an hour of a request.

To get a background check by mail from the Attorney General's Office, A requestor will need to mail the following:

• A notarized and signed release form
• A valid photo ID copy
• A $5.00 check or money order is made payable to "BCI". We do not accept cash or credit cards via mail.
• A stamped, self-addressed return envelope with the request to be returned

The request must be mailed to the following address:

Rhode Island Office of The Attorney General
4 Howard Ave
Cranston RI 02920

Kent County Arrest Records Vs. Criminal Records

The primary distinction between a Kent County arrest record and a criminal record is that an arrest record documents an individual's arrest and detention but does not include any findings of guilt or admissions of guilt. Conversely, criminal records demonstrate that an individual has been arrested and may also include information on whether the person has been adjudged guilty of a crime in a court of law.

An arrest record contains details on any interrogation, custody or detention, investigation held, arrest, charge, or indictment. A criminal record contains details about any arrest, felony, misdemeanor, or other offense for which someone has been found guilty, along with time served, sentencing information, and any information regarding a trial.

How Long Do Arrests Stay on Your Record?

Forever. Kent County arrest records stay on a person's records indefinitely. There is no Automatic expungement statute in Rhode Island, meaning that arrest records remain on a person's record even when there are no charges or a not-guilty verdict. The only way to remove a Kent County arrest record from public access is by expungement or sealing.

Expunge Kent County Arrest Records

The legal process known as "Expungement" allows requesters to request that a court erase an arrest record. An expungement order instructs the court to erase the arrest record from the subject's criminal record by treating it as though it never happened. In Kent County, a person who has been convicted or placed on probation more than once is not eligible for expungement, and time restrictions must be met before filing a motion to expunge a criminal record.

Individuals can have their arrest records expunged if they are found not guilty or not charged with a crime after arrest. Record holders may also be eligible to have certain crimes expunged if a new law has decriminalized the crimes of which they were convicted. Only some misdemeanor offenses and some non-violent felonies can be expunged in Rhode Island.

Eligibility for expungement depends on several factors.

Arrest records for Misdemeanors are eligible for expungement if they meet the following criteria:

• If the defendant has never been convicted of a felony before and is a first-time offender
• When someone has successfully completed probation or a sentence, at least five (5) years have gone by.
• The individual has waited ten (10) years following the date of the end of their last sentence before filing an application for expungement if they have more than one but fewer than six misdemeanors (and no felonies) on their record.

A person is eligible to have their arrest records expunged for felonies if they meet the following criteria:

• This offense must be their first.
• Their conviction or probationary period did not stem from a "crime of violence" like murder, manslaughter, arson in the first degree, kidnapping with the intention of extortion, robbery, or similar crimes.
• They have to wait ten (10) years following the effective completion of probation or the sentence.

An expungement can be processed by following these steps:

• Get the criminal records from the Kent County Police Department and the Bureau of Criminal Investigations; the petitioner may contact the Judicial Records Center for older records.
• Submit an online expungement form and file a motion with the clerk of the Kent County courthouse where the charges were brought. The court will set a hearing date.
• The Department of the Attorney General and the Kent County Police Department, which made the arrest, must be notified of the hearing date that the court sets.
• Applicants will need to show up to the court date and be prepared to provide documentation proving they fit the expungement criteria. At the hearing, expungement will either be approved or rejected.

Kent County Arrest Warrants

Law enforcement can arrest and hold a person suspected of committing a crime with the help of a warrant, although arrest can also be made without warrants. A Kent County arrest warrant is a written order issued by a Kent County judge permitting law enforcement officers to capture and detain an individual suspected of committing a crime.

According to R.I. Gen. Laws § 12-6-1, arrest warrants for Kent County are issued in response to written complaints made under oath by citizens or law enforcement officials. The Kent County Judge may only issue a warrant if there is sufficient probable cause to believe that a crime has been committed, as per R.I. Gen. Laws § 12-6-4.

An arrest warrant issued in Kent County or any other county in Rhode Island usually contains the following information:

• The name of the suspect
• The time and date of issuance
• A physical description of the suspect
• Race and sex of the subject of the warrant
• Charges if any
• Name of the court that issued the warrant
• Signature of the judge
• The last known address of the individual

Kent County Arrest Warrant Search

Kent County arrest warrant searches can be done at any police department or county sheriff's Office in Kent County. The warrant departments of every police department maintain a list of the most wanted persons along with every arrest warrant issued at any Kent County court. Some law enforcement offices also publish arrest warrants online on their active warrant portals and social media pages.

Do Kent County Arrest Warrants Expire?

No, there is no time limit for executing a Kent County arrest warrant. Once issued, an arrest warrant remains active until it is executed or withdrawn by a judge if any new evidence emerges.