Brown County Arrest Records

One consequence of committing a public offense within Brown County is the threat of arrest. South Dakota Codified Laws (SDCL) § 23A-3-1 defines an arrest as taking a person into custody to answer for a public offense(s) they are alleged to have committed.

In Brown County, law enforcement officers are primarily responsible for making arrests. They typically make an arrest pursuant to an arrest warrant. Notwithstanding, a law enforcement officer can also arrest a person without a warrant for attempting or committing a public offense in their presence per SDCL § 23A-3-2. The statute also authorizes law enforcement officers to an arrest without a warrant when they have probable cause that the prospective arrestee has committed a felony or Class 1 misdemeanor.

Arrests in Brown County lead to the creation of Brown County arrest records by respective arresting agencies. These records document pertinent information about arrests and provide an official account of how law enforcement officer(s) executed an arrest. Although arrest records are primarily maintained by the law enforcement agency responsible for the arrest, information found in these records is featured in several government records. These include Brown County Court Records and South Dakota Criminal History records.

Are Arrest Records Public in Brown County?

Yes. Under South Dakota's Public Records Law, most records and documents of government entities, including law enforcement agencies, are public. As a result, members of the general public have the right to inspect and request copies of arrest records from local law enforcement agencies in Brown County.

However, numerous records may be exempt from being public under South Dakota's Public Records Law. These records are generally only accessible by eligible persons, government entities, or pursuant to a court order. They include but are not limited to the following:

• Juvenile arrest records
• Expunged or sealed arrest records
• Records whose disclosure may interfere with an ongoing criminal investigation or endanger the life or physical safety of the arrestee.

What Do Public Arrest Records Contain?

Information individuals can expect public arrest records in Brown County to contain includes:

• The arrestee's personal information;
  • Full name and known aliases
  • Date of birth
  • Address
• The arrestee's physical description;
  • Height
  • Weight
  • Gender
  • Race
  • Eye and hair color
  • Other unique features include tattoos and scars.
• Arrest details;
  • Arrest date, time, and location
  • Arresting agency and officer's name.
• Offense details;
  • Description of the alleged offense
  • The type of offense (i.e., misdemeanor or felony)
  • Charge(s).
• Booking details;
  • Booking date and time
  • The arrestee's mugshot.
• Release information such as the release conditions, date, and time.

Brown County Arrest Statistics

The Offense and Arrest Summary report from the South Dakota Criminal Statistical Analysis Center (SAC) shows that 1,707 arrests were made in Brown County in 2023, a 3.9% increase from the previous year. Note that these statistics only reflect arrests made by the Brown County Sheriff's Office and Aberdeen Police Department.

Of the 2023 total (1,707), 1,409 and 298 arrests were for adult and juvenile arrests, respectively. Furthermore, 809 arrests were for group A offenses, like drug/narcotic violations (229), simple assault (180), and larceny (126), to name a few. Meanwhile, group B offenses, including DUIs (218), liquor law violations (115), and disorderly conduct (57), accounted for 898 arrests in 2023.

Find Brown County Arrest Records

Record seekers can find Brown County arrest records by applying the following steps:

• Ascertain the agency responsible for the arrest: In most cases, this may be the local police department with jurisdiction over the municipality where the arrest occurred. In other cases, the Brown County Sheriff's Office or other state or federal law enforcement agencies may be responsible for the arrest. Generally, these agencies can make arrests anywhere within the county in certain situations.
• Find out how the arresting agency handles requests for records: Record seekers can visit the agency's physical address or contact them by phone to make these inquiries. For instance, inquirers can contact Brown County Sheriff's Office at;

22 Court Street
Suite 1
Aberdeen, SD 57401
Phone: (605) 626-7100
Fax: (605) 626-4015

• Prepare required information, documentation, and fees: Record seekers are usually required to provide information about the arrest record they are looking for to facilitate their record request. Requesters may also be charged a minimal fee for copies of arrest records they request. Meanwhile, to access or request confidential arrest records, record seekers must usually present proper documentation, such as their Photo ID or a court order.
• Submit a record request: depending on how the arresting agency operates, this may entail visiting the agency's physical address to submit the request in person. For agencies that accept mail-in requests, interested persons can draft a written request that contains sufficient information about the desired record and their contact information and mail it with other required item(s) to the agency.

Free Arrest Record Search in Brown County

In Brown County, interested persons may conduct a free arrest record search in person at local law enforcement agencies. These agencies may allow free in-person inspection of arrest records they maintain. However, record seekers are usually charged a fee for copies of a record they request.

How Long Do Arrests Stay on Your Record?

It varies by agency. According to South Dakota's Retention and Destruction Schedule for County Sheriffs, the Brown County Sheriff's Office can retain arrest records for 10 years after they are created. Meanwhile, per South Dakota's Records Retention And Destruction Schedule For Municipalities, local police departments in Brown County can retain arrest reports for five (5) years.

Expunge Brown County Arrest Records

Per SDCL § 23A-3-26, expungement refers to sealing certain records maintained by government entities, such as courts, law enforcement agencies, detention, and correctional facilities, that detail a person's interaction with the criminal justice system. These interactions include detection, apprehension, arrest, detention, trial, and disposition of an offense.

According to SDCL § 23A-3-27, arrestees in Brown County may request an expungement order for their arrest record from the Brown County Circuit Court:

• After a year from the arrest date. Provided that no accusatory instrument was filed or the prosecuting attorney formally dismissed the entire criminal case on the record.
• Any time after an acquittal
• Within a year from the date the prosecuting attorney formally dismisses the entire criminal case on the record upon a showing of compelling necessity

Interested persons can petition to expunge Brown County arrest records using the Motion for Expungement form. Prospective petitioners must appropriately complete the form, submit it with other necessary paperwork, and pay the required civil action filing fee to the Brown County Clerk of Court at:

P.O. Box 1087
101 SE 1st Avenue
Aberdeen, SD 57402-1087
Phone: (605) 626-2451
Fax: (605) 626-2280
Email: 5thcircuit@ujs.state.sd.us

Note that the filing fee may be waived if the court believes the petitioner to be indigent. Additionally, At least fourteen days before any hearing on the motion, petitioners must file a copy of their completed Motion for Expungement with the office of the prosecuting attorney responsible for prosecuting the case connected to the arrest. If the prosecuting attorney contests the motion, the hearing will proceed. However, the court may issue the expungement order without the hearing if there are no contentions.

Brown County Arrest Warrants

A Brown County arrest warrant is a court order authorizing the arrest of an alleged offender. A judge or magistrate may issue an arrest warrant upon showing probable cause via an affidavit or a sworn statement filed by a law enforcement officer, prosecutor, or other qualified persons. Per SDCL § 23A-2-4, an arrest warrant must contain:

• The date and place of issuance
• The committing magistrate's signature
• The defendant's name. If their name is unknown, any name or description by which the defendant can be identified with reasonable certainty

Do Brown County Arrest Warrants Expire?

No. Brown County arrest warrants typically remain active until they are executed, the defendant surrenders, or dies.