Merced County Arrest Records

Merced County law enforcement officers possess the legal authority to take someone into custody if they are allegedly caught or reported for violating the criminal justice system. According to the Penal Code, Chapter 5, an arrest can only be made by a private person or peace officer if there are reasonable grounds to believe that such a person is guilty of committing either a felony, infraction, or misdemeanor. Each criminal charge bears specific legal ramifications.

Generally, an arrest incident leads to processing, also called booking, at the Merced County jail or police station. Booking involves documenting necessary information about the arrestee in the agency’s database. This includes the suspect’s personal information, physical descriptors, photographs, fingerprints, DNA, details of the alleged public offense, and personal belongings.

Processing generates a few official files, including an arrest record. Ultimately, the arrestee may be detained in a detention facility until their arraignment or released if considered innocent of the accused crime with a promise to appear in court when necessary.

Merced County local enforcement agencies primarily generate and preserve records of arrests made by them. Needless to say, these records play a huge role in criminal proceedings as they often provide insight into a person's criminal history. Therefore, they may be kept by government entities as a part of public records, including Merced County court records. Members of the public can also access arrest information in criminal history files maintained by the Department of Justice (DOJ), and the district attorney's office public records.

Are Arrest Records Public in Merced County?

Yes. Under the California Public Records Act (PRA) members of the public can peruse and make copies of public arrest records generated and maintained in Merced County. The PRA guides unrestricted access to information kept by public entities during official affairs, including criminal justice affairs like arrests. Thus, petitioners can inspect and duplicate arrest information from local law enforcement agencies in Merced County.

However, the PRA marks certain constraints to the public's access, primarily to protect information that may endanger someone’s life or physical safety and ensure an honest justice process. These exemptions include:

• Suspect’s personal identifying information
• Details of an active investigation or law enforcement proceeding that may jeopardize outcomes or process
• Details that may threaten the physical safety of a witness or crime victim. For instance, full names and contact information.
• Information that may disclose investigative procedures
• Criminal offender record information
• Criminal information of juveniles
• Information that may interfere with a person’s trial
• Medical files and related records

What Do Public Arrest Records Contain?

According to California's PRA, Section 7923.610, Merced County arrest record inquiries may disclose the following information:

• The arrestee’s full name and birth date
• The arrestee’s physical descriptors, like height, race, gender, weight, tattoos, scars, and hair and eye color
• The arrestee’s occupation
• The arrest location, date, and time,
• The arrestee’s booking information. For example, time, date, location, etc.
• Concrete occurrences surrounding the arrest
• Criminal charges for which the person is arrested
• Outstanding warrants and parole to which the arrestee is subject
• The arrestee’s time and conditions of release
• Location of the detention facility where the arrestee is currently held

Under Welfare & Institutions Code § 827.5, juvenile arrest information is not disclosable to the general public in Merced County. Yet, criminal justice agencies can divulge the personal information and alleged crimes of minors aged 14 years and above who were apprehended and detained for a serious felony.

Merced County Crime Rate

The Board of State and Community Corrections (BSCC) published the latest crime statistics on the Open Justice Portal. According to the report, Merced County recorded a total number of 8,707 crimes committed locally in 2022. Per the report, property crimes were the most reported offenses, constituting 80% (6,590) of the crime total, while violent crimes and arson completed the remaining 20% at (1,904) and (213) respectively.

The most dominant offenses within the property crimes category include larceny-theft, motor vehicle theft, and burglary. Larceny theft accounted for (4,451) of all property crimes, followed closely by motor vehicle theft at (1,103) and burglary at (1,036).

Conversely, violent crimes record aggravated assault, robbery, and rape as the most reported offenses in this category. Aggravated assault accounted for 1,371 of the violent crime total, followed by robbery at (307) and rape at (186).

Merced County Arrest Statistics

The BSCC also published arrest statistics for Merced County alongside the crime statistics. According to the data portal, Merced County released 6,788 arrests in 2022. Of this number, 4,403 were misdemeanors, 2,165 were felonies, and 220 were status offenses.

Within the felony arrest category, violent crimes, property crimes, and drug offenses constituted the majority of arrests. Violent offenses accounted for 948 of the arrest total. Followed closely by property offenses at 394, and finally by drug offenses at 96.

Find Merced County Arrest Records

Merced County houses about six police departments in each city, accountable for preserving the integrity of the criminal justice system, not including the Merced County Sheriff's Office, and instituted state and federal criminal justice agencies within the county.

Local law enforcement agencies oversee most arrests for public offenses in Merced Count. Hence, the first point of call to find Merced County Arrest records is through the Records Bureau of the Merced County Sheriff's Office or the municipal police department that made the arrest. Inquirers can visit the websites of these agencies to properly understand their procedures and fees for requesting and obtaining records. Nonetheless, most provide inquiries in person, via mail, and electronic means.

Interested individuals may be asked to submit the following information:

• Requestor’s name
• Name of the arrestee
• The arrestee's birth date
• Residence street
• Claim/court number
• Sheriff's Office Case Number
• Reason for request
• Requesting as (Injured, arrestee, insurance, or attorney)
• Details of incident (date, time, reporting person, victim, suspect, and location
• The requester's contact information
• Valid government-issued ID (Driver’s license number (or California ID)
• Arrestee's signature

If requesting an arrest record of someone apprehended and detained by Merced County Sheriff's Record Bureau, inquirers can submit their records request form to:

700 West 22nd Street
Room 6
Merced, CA 95340
Phone: (209) 385-7614
Fax: (209) 724-4016
Email: Sheriff.ReportRequests@countyofmerced.com.

Further, one can query the police departments for the whereabouts of anyone in their custody. For instance, if the City of Merced Police Department or the City of Atwater Police Department conducted the arrest, requesters can query their record division/unit.

Sometimes, state and federal agencies may apprehend someone within the county for breaking a state or federal statute. Anyone seeking details of such incidents may explore the following options:

• For arrests made by a state agency, one can visit the California Department of Corrections and Rehabilitation (CDCR) state prisons. These facilities typically hold anyone charged and sentenced by the courts. Thus, one can find information about incarcerated state inmates. Otherwise, the Merced County Sheriff’s Jail Division may provide information regarding anyone who is remanded in custody but has yet to appear in court.
• For federal arrests conducted by the Federal Bureau of Investigation (FBI), inquirers can visit the Federal Inmate Locator to find an inmate's holding facility. Arrest search can be done by name or number.
• For U.S. Immigration and Customs Enforcement (ICE) arrests, one can explore the Online Detainee Locator System, or hire a local field office to locate the specific ICE detention facility.

Free Arrest Record Search in Merced County

In Merced County, inquirers can perform free arrest record searches via the local police departments. The PRA allows people to freely query either the sheriff’s office or the police department that made the arrest. However, a nominal fee may apply for the release of records.

Some law enforcement agencies also provide online information systems for acquiring public arrest information for free. An example is the Merced County Sheriff's Department's Inmate Inquiry Site, which provides arrest details of individuals in a Merced County jail facility. At least, the inmate's name or booking number is needed for the search.

It is important to note that most agencies only provide adult arrest records in their custody. Also, the department may only keep the records for a limited timeframe depending on its retention schedule.

Alternatively, one can find Merced County arrest records through a third-party public records database. These private platforms mostly compile public information from different government entities including law enforcement departments. Users can perform a free arrest record search using the arrestee’s first and last name. Still, a processing fee is often required for comprehensive records regarding someone’s arrests.

Get Merced County Criminal Records

A Merced County criminal record is a complete breakdown of someone’s criminal past with criminal justice agencies. This includes arrests, prosecutions, dispositions, sentencing, incarceration, and other important information from the courts, correctional facilities, and similar entities.

Anyone who wants to get a Merced County criminal record can do so at the county, state, and federal levels. Thus, there is no single repository for criminal record searches. To obtain one’s criminal history record or ‘RAP sheet’ at the local level, people can contact the county sheriff's office.

For a nominal fee, the Merced County Sheriff's Record Bureau provides local criminal record checks to eligible parties. However, Cal. Pen. Code § 13300 only allows the dissemination of these local records to the subject of the record, authorized entities, and attorneys of the subject.

Qualified persons can visit the sheriff’s record bureau at 670 West 22nd Street, or call (209) 385-7614 for more information. The following information will be required to obtain copies from the bureau:

• The name of the record subject
• The subject's birth date
• Date, time, and location of the incident date
• Means of identification. The bureau may not process any record requests sent with no ID)

To obtain statewide criminal history information, subjects of records can contact the Department of Justice. California applicants must follow the following steps:

• Use the Live Scan Form.
• Mark “Record Review” under the “Type of Application”.
• Enter “Record Review” under the provided space for “Reason for Application”.
• Submit fingerprint images through a Public Live Scan operator
• Pay the DOJ's $25 processing fee (unless qualified for a fee waiver).

The Merced County Sheriff’s Office and police departments typically provide live scan fingerprinting services at a $28 rolling fee payable in cash, debit, or credit card for each live scan service. Applicants will mostly get the results directly from the DOJ. More information is available on the DOJ's website.

Note: Anyone requesting criminal history records for personal review cannot use them for visa, immigration, or any foreign nation businesses.

Finally, record applicants can query the FBI for nationwide criminal records for $18.

Merced County Arrest Records Vs. Criminal Records

Arrest records and criminal records are often used interchangeably to describe official facts of a person's criminal involvements. Yet, each record carries a subtle implication.

In general, a criminal history record details someone’s run-ins within the criminal justice system, from arrest to sentencing, and incarceration. It includes reports from both local, state, and federal law enforcement agencies, prosecutor’s offices, correctional facilities, and probation units. The California Department of Justice is the central repository for this record.

On the other hand, an arrest record is locally compiled information regarding one’s offense and arrest by the arresting sheriff’s office and police agencies. It covers the arrestee’s information, details of the incident, and the arrest's outcome. However, it does not state whether a person is guilty of an alleged crime or not.

How Long Do Arrests Stay on Your Record?

Permanently. There is no definite time frame for deleting or erasing arrest records in the State of California. However, most local law enforcement agencies in Merced County have specified records retention schedules. That is before they turn the arrest records to the necessary state and federal criminal justice agencies. Admittedly, the DOJ preserves and retains most criminal records until the subject is 100 years old. The only authorized method of sealing or dismissing an arrest from one's record in Merced County is to petition the court for an expungement or sealing.

Expunge Merced County Arrest Records

Anyone can petition the court to seal or expunge their arrest records in Merced County. However, these terms have different implications. California courts may only expunge specific criminal felonies and misdemeanors. Also, expungement in California is often processed as dismissal.

Eligible applicants may petition the court with Form CR-180 to withdraw the "guilty" plea, change the plea to "not guilty," and close the case without a conviction. However, this does not seal the records or permanently delete arrest records. Cal. Pen. Code §§ 1203.4 and 1203.4a and California judiciary's Clean Your Record page provide more information regarding this procedure.

On the other hand, defendants may apply for the sealing of adult arrest records when the court does not enter any charges or convictions against a person. Under Cal. Pen. Code § 851.8, an adult defendant may petition the court for sealing if they were arrested but ultimately confirmed "factually innocent". This statute also answers for events where an arrestee was never charged, the prosecuting party withdrew all charges, or acquitted in court.

To seal an arrest record, an adult defendant can submit Form BCIA 8270 to the following divisions:

• The arresting county sheriff’s office or police department if no charges were filed.
• The office of the district or city attorney.
• The Merced County Superior Court if the local law enforcement agency did not provide sufficient help or the defendant’s charges were acquitted or dismissed.

Note: the California DOJ grants automatic arrest record relief to anyone whose arrest did not result in a conviction per Cal. Pen. Code § 851.93. Thus, a petition may be unnecessary in this case. Notwithstanding, there are additional benefits to petitioning the court.

Eligible individuals can submit a Form CR-409 (Petition to Seal Arrest and Related Records) to the court. Form CR-409-INFO provides more helpful information regarding submitting the petition, plus other ways to seal or limit public access to arrest records.

Finally, juvenile defendants may review the California judiciary's Guide to Sealing Juvenile Court Records or Welfare and Institutions Code § 781 for helpful instructions on sealing juvenile arrest records in Merced County.

Merced County Arrest Warrants

An arrest warrant is a written order issued by a judge or magistrate authorizing a peace officer to apprehend and present a suspect in court.

Per Cal. Pen. Code § 836, law enforcement agencies, like the county sheriff and police departments in Merced County can execute arrests with or without a warrant. However, a warrantless arrest is only authorized according to the Fourth Amendment on the grounds of probable cause. For example, if the suspect commits an offense in the presence of a police officer.

Aside from that, the peace officer must submit an affidavit in court establishing reasonable grounds for the arrest, to obtain an arrest warrant. Further, the court may issue an arrest warrant upon the district attorney's criminal complaint or grand jury indictment.

A Merced County arrest warrant contains the following information per Cal. Pen. Code § 815,

• Personal information of the defendant
• Issuing time and date
• The county or city of issuance
• The alleged offense of the defendant
• The title of office and signature of the issuing judge
• The issuing court
• The bail/bond amount

Merced County Arrest Warrant Search

To conduct an active Merced County arrest warrant search, individuals can visit the county sheriff’s office or the city police department. Most agencies do not release warrant information over the phone. Likewise, there is no central database for remote warrant searches. Further, the Merced County Sheriff's Office typically displays a list of the most wanted persons on their website.

Finally, inquirers can contact the Merced County Superior Court to check if an arrest warrant was issued for a case. The court typically provides various online case portals that members of the public and attorneys can use, respectively. At least a name or case number will be required for an online search.

Do Merced County Arrest Warrants Expire?

No. Once a judge/magistrate of a reputable court standing issues an arrest warrant in Merced County, it remains active until the named subject willingly surrenders is arrested, or dies. However, in some cases, the court may recall or quash a warrant upon a motion that the warrant claim is foul or invalid.