Arrest records in Durant, Oklahoma are public documents accessible to all citizens pursuant to the Oklahoma Open Records Act (51 O.S. §§ 24A.1-24A.31). This legislation establishes that government records, including those pertaining to arrests made by law enforcement agencies, shall be available for public inspection. The Act serves to maintain transparency in governmental operations, particularly within the criminal justice system, thereby fostering accountability among public officials and law enforcement personnel. The Oklahoma Open Records Act specifically designates arrest records as public information unless they have been sealed or expunged through proper legal procedures or are subject to specific statutory exemptions.
Multiple methods exist for members of the public to access arrest records in Durant, Oklahoma. The following procedures are available for obtaining such information:
In-Person Requests: Individuals may submit requests directly at the Durant Police Department located at 3104 Carl Albert Drive, Durant, Oklahoma 74701. Office hours are Monday through Friday, 8:00 AM to 5:00 PM. A valid form of identification must be presented when requesting records.
Online Record Requests: The Durant Police Department provides an electronic system for submitting records requests through their Online Request Forms portal. Requestors must complete the Police Records Request form with all required information.
Written Requests: Citizens may submit written requests via mail to the Records Division at the Durant Police Department address listed above. All written requests must include the requestor's contact information, specific details about the record being sought, and a notarized signature if requesting records of another individual.
Telephone Inquiries: Preliminary information regarding arrest records may be obtained by calling the Durant Police Department Records Division at 580-924-3737. However, formal requests typically require written documentation.
Pursuant to Oklahoma Statute Title 51, § 24A.5, agencies must provide prompt, reasonable access to records during regular business hours. A reasonable fee may be charged for document retrieval and copying services.
Arrest records maintained by the Durant Police Department and Bryan County law enforcement agencies typically contain the following information as prescribed by Oklahoma state law:
Biographical Information: Full legal name of the arrested individual, date of birth, physical description, and any documented aliases or previous names.
Arrest Details: Date, time, and location of the arrest; the name and badge number of the arresting officer(s); and the law enforcement agency responsible for the arrest.
Criminal Charges: Specific statutory violations alleged, including Oklahoma state code references and charge classifications (misdemeanor or felony).
Booking Information: Booking number, fingerprint records, and mugshot photographs taken during processing.
Custody Status: Information regarding detention, release conditions, bail or bond amounts set, and current custody status.
Court Information: Initial appearance dates, assigned court, and case numbers associated with the arrest.
Disposition Information: When available, the outcome of the case including dismissals, convictions, sentences imposed, or other resolutions.
It should be noted that pursuant to 51 O.S. § 24A.8, certain sensitive information may be redacted from public arrest records, including Social Security numbers, driver's license numbers, and information related to confidential informants or ongoing investigations.
The maintenance and dissemination of arrest records in Durant operate within a comprehensive legal framework established by both state and federal statutes. The Oklahoma Open Records Act serves as the primary legal authority governing public access to arrest information. Under this Act, law enforcement agencies are required to maintain records of all arrests and make such information available to the public with certain limitations.
The Durant Police Department adheres to the following legal provisions when managing arrest records:
Oklahoma Open Records Act (51 O.S. §§ 24A.1-24A.31): Establishes the presumption that all government records, including arrest records, are open to public inspection unless specifically exempted by statute.
Oklahoma Criminal History Information Act (74 O.S. §§ 150.9-150.9B): Regulates the collection, storage, and dissemination of criminal history record information by law enforcement agencies.
Federal Privacy Act of 1974 (5 U.S.C. § 552a): Imposes limitations on the sharing of certain personal information contained within arrest records, particularly when such records are maintained in federal databases.
Durant Municipal Code Chapter 14: Contains local ordinances pertaining to records maintenance and public access procedures specific to the City of Durant.
The Durant Municipal Court maintains jurisdiction over violations of city ordinances and certain misdemeanor offenses, while more serious offenses are processed through the Bryan County District Court. Records from both court systems may contain information related to arrests made within Durant city limits.
While arrest records in Durant are generally accessible to the public, certain statutory and procedural limitations exist to protect privacy interests and the integrity of the criminal justice system. The following restrictions apply to arrest record access:
Juvenile Records: Pursuant to 10A O.S. § 2-6-102, records pertaining to juvenile arrests (individuals under 18 years of age) are confidential and not subject to public disclosure except under specific court orders.
Expunged Records: Records that have been legally expunged in accordance with 22 O.S. §§ 18-19 are removed from public access and sealed by court order.
Ongoing Investigations: Information related to arrests that are part of active, ongoing criminal investigations may be temporarily withheld under 51 O.S. § 24A.12 if disclosure would compromise the investigation.
Victim Information: Personal identifying information of victims, particularly in cases involving sexual offenses, domestic violence, or crimes against minors, may be redacted from public arrest records.
Sealed Court Records: When a court has ordered records sealed pursuant to statutory authority, such records are not available through standard public access channels.
The Durant Police Department and Bryan County law enforcement agencies are required to balance the public's right to information with these privacy protections and investigative needs when responding to requests for arrest records.
Oklahoma law provides mechanisms for the expungement of arrest records under specific circumstances. Expungement is the legal process by which arrest records are sealed from public view, effectively removing them from standard background checks and public record searches. In Durant, expungement proceedings are governed by Oklahoma Statutes Title 22, §§ 18-19.
Individuals may qualify for expungement of arrest records in Durant under the following conditions:
The expungement process requires filing a petition with the Bryan County District Court or the Durant Municipal Court, depending on the jurisdiction of the original case. Court filing fees apply, and a hearing may be scheduled to determine eligibility. If granted, an expungement order directs all relevant agencies to seal the records related to the arrest and subsequent proceedings.
Legal assistance is strongly recommended for navigating the expungement process due to its procedural complexity and the varying eligibility requirements based on the specific circumstances of each case.