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Iberia Parish Arrest Records
Arrests are often a daily occurrence in Iberia Parish. This results from persons breaking the law and committing criminal acts. According to Article 201 of the Louisiana Code of Criminal Procedure, an arrest is when a person, whether a civilian or a member of the police, takes another person into custody. A person must be physically restrained for there to be an arrest. The restraint may be enforced through physical force or as a result of the detained person voluntarily turning over to the arresting officer's custody. Arrests can be made with or without a warrant, as per Art. 213 of the Louisiana legislature.
Iberia parish arrest records are documents that law enforcement uses to record information about the arrest and personal details about the person who has been arrested. These documents provide valuable data that are used in criminal data analysis, arrest history reports, data referencing, and as part of a judicial process by searching Iberia Parish court records.
Are Arrest Records Public in Iberia Parish?
Yes. Arrest records are public in Iberia Parish in agreement with the Louisiana public records laws. Every arrest records custodian, including the agency that creates the records, courts that use the records, and government agencies that maintain these records, is required to make them accessible to interested members of the public. Arrest records are made available at no cost or a reduced charge as per RS 44:32 of the Louisiana legislature. However, the following types of arrest records are not regarded as public records:
- Arrest records that contain any ongoing investigative report
- Any arrest records that may reveal a confidential source of information
- Juvenile arrest records
- Arrest records that may reveal the identity of an undercover law enforcement agent
- Arrest records and reports that may reveal the identity of a victim of a sexual offense
- Arrest records and reports that are part of an intelligence-gathering operation
What Do Public Arrest Records Contain?
As per Louisiana state law, an Iberia parish arrest record usually contains the following information:
- A narrative account of the alleged offense
- The name of the person arrested
- A description of the detained individual
- Charges against the detained person
- The suspected offense's time and date.
- The alleged offense's location.
- Any property or vehicle involved in the arrest
- Items seized from the suspect
- The current jail where the inmate is held
- Bail information
Find Iberia Parish Arrest Records
Interested individuals can find Iberia Parish arrest records at the Iberia Parish Sheriff's Office. The Iberia Parish Sheriff's Services Bureau runs a department dedicated to records and reporting within the sheriff's office. The records section also provides the records and reporting section also provides Police reports, fingerprint cards, background checks, and other information to the public for a fee.
Requests for arrest records can be made in person, by mail, or by phone. However, it is recommended that requestors call the sheriff's office before visiting to make a request. This will allow the department to check if the records are available and ensure that the needed documents are public. For the records section to look for the necessary documents, the requestor must supply the following details regardless of how the request is made:
- The name of the arrested person
- The date and time of the offense
- The name of the arresting law enforcement agency
Every person arrested in Iberia parish is held in the parish jail. Anyone can search for arrested persons by calling the parish jail Authorities at (337) 369-2431. The parish jail also has an online portal that publishes a list of inmates. This list is reliable because it is usually updated every 24 hours.
Free Arrest Record Search in Iberia Parish
Arrest records can be obtained for free through third-party websites. Third-party websites are non-governmental companies that provide access to public records, including arrest records. The appeal of third-party websites lies in the fact that they can be accessed remotely from anywhere in the world. To search the database of these sites, persons must simply provide the name of the person on the record. A search usually takes only a few minutes. It is good practice to check the data from these sites with those from official sources to ensure that they are valid.
How Long Do Arrests Stay on Your Record?
Indefinitely. Iberia Parish's arrest will remain on a person's record forever. Currently, there is no automatic erasure for arrest records in Louisiana. The Iberia Parish retention schedule for criminal records does not affect how long the arrest records are held because electronic records remain intact even when physical records are destroyed. Even arrests of less severe crimes will stay on a person's record until they apply for removal. The only way to remove an arrest record from a person's history is to expunge or seal it. The Louisiana state legislature has proposed bills to enable the automatic expungement of records, which they hope to pass in the coming years.
Expunge Iberia Parish Arrest Records
Expungement is a court-mandated procedure that seals or removes an arrest or criminal conviction from the public record. It removes any information from the public domain, including fingerprints, photos, arrest or conviction records, and disposition records.
The Louisiana Code of Criminal Procedure Articles 971–986 address the current expungement laws related to Iberia Parish, which were implemented in 2014. To apply for expungement of arrest records, a person must first be eligible for these laws. The specifics of the arrest or conviction record determine whether a person in Louisiana is eligible for expungement. In general, people may qualify if they have served out their whole sentence, including any probation or parole, and if a predetermined amount of time has passed without them being convicted again. The offense's nature also determines eligibility; certain felonies and misdemeanors qualify under specific circumstances. However, expungement may not be available for all crimes, including violent acts, sex crimes, and other major felonies.
Generally, a person may move to have their arrest and conviction records for misdemeanor offenses expunged If any of the following situations apply:
- They were either acquitted of the crime they were charged with or dismissed their case by the court.
- Over five years have passed since the individual finished any probation or parole period, deferred adjudication, or sentence. During that time, they were not found guilty of any felonies.
Eligible persons to have their felony conviction and arrest records expunged must meet the following criteria:
- Over ten years have passed since the individual finished any probation or parole period, deferred adjudication, or punishment. During that time, they were not found guilty of any crimes.
- There are currently no outstanding criminal charges against the individual.
An individual desiring to have an Iberia Parish arrest expunged can do so by following these steps:
- A person who wants an arrest and conviction removed from their criminal record must first get an expungement package from the parish court clerk or any Iberia parish court. An expungement package is a collection of forms to submit an expungement motion. The court will require the forms to be filled out and turned in.
- Additionally, the individual needs to obtain a certification letter from the district attorney of Iberia Parish.
- A background check must be obtained from the Louisiana State Police, the New Orleans Police Department, or the Clerk of Criminal District Court (if the charge to be expunged was filed in the Criminal District Court).
- These documents and the background check must be submitted to the relevant Clerk of Court as soon as the District Attorney's Office issues the certification letter. The clerk will then communicate any set court date to the petitioner.
- Following the correct filing of the petition for expungement, the court would schedule a hearing on the objections or the expungement request. If and when the court grants the request for expungement, the applicant will be given two certified copies of the ruling, and the order of expungement will also be given to the relevant law enforcement authorities.
Iberia Parish Arrest Warrants
Arrest warrants are legal orders issued by a judge instructing law enforcement to find and apprehend a person accused of a crime. In the Louisiana legislature, arrest warrants are sometimes referred to as fugitive warrants. This is to differentiate them from bench warrants, which are a type of arrest warrant issued by a judge for failure to appear in court.
Arrest warrants are issued in an Iberia parish when a citizen or law enforcement officer makes a complaint to a judge. The individual filing the complaint must include a written statement detailing the offense's type, date, and location, as well as the offender's name and surname. Per R.S. 9:2603.1(D), the applicant must sign the affidavit under oath.
Arrest warrants that are issued in Iberia Parish usually contain the following information:
- The name of the person to be arrested.
- The person's last known address.
- The offense the individual committed and the charges against the person.
- The name of the court and judge that issued the warrant.
- Bail information (if available).
Individuals can look for active warrants in Iberia Parish through the parish court warrants search portal. This portal can searched using the following keywords:
- A person's first or last name
- The person's date of birth
- The timeline within which the warrant was issued
- The case number
Interested persons can also visit the parish sheriff's office and request a list of active warrants issued in the parish.