Arrest records are public in Newburgh Heights, Ohio, pursuant to the Ohio Public Records Act (Ohio Revised Code § 149.43). This legislation establishes that government records, including those pertaining to arrests, are accessible to the public unless specifically exempted by law. The Village of Newburgh Heights maintains these records in accordance with state regulations to ensure transparency and accountability within the local justice system. Members of the public may request and review these documents as part of their right to access public information under Ohio law.
The Ohio Public Records Act defines public records as any records kept by public offices, including law enforcement agencies. Arrest records fall under this definition and are therefore subject to public disclosure. However, certain information within these records may be redacted if it falls under specific exemptions outlined in the statute, such as confidential law enforcement investigatory records or information that would endanger an individual if released.
The Village of Newburgh Heights provides multiple channels through which members of the public may access arrest records. These methods have been established to comply with Ohio's public records laws while accommodating various preferences for information retrieval. Individuals seeking arrest records may utilize any of the following methods:
In-Person Requests: Citizens may visit the Newburgh Heights Police Department located at 4071 East 71st Street, Newburgh Heights, OH 44105. Office hours are Monday through Friday, 8:00 AM to 4:30 PM. Staff can assist with locating and providing copies of arrest records upon proper identification and completion of a records request form.
Online Access: The Village of Newburgh Heights maintains an online portal where certain public records, including basic arrest information, may be accessed. The system allows for searches by name, date, or case number.
Written Requests: Formal written requests may be submitted to the Records Division of the Newburgh Heights Police Department. Requests should include specific information about the record being sought, including names, dates, and any other identifying information.
Mayor's Court Records: For arrests resulting in cases heard by the Mayor's Court, records may be obtained through the Mayor's Court office located inside Village Hall at 3801 Harvard Avenue, Newburgh Heights, OH 44105.
Pursuant to Ohio Revised Code § 149.43(B)(1), public offices must promptly prepare records and make them available for inspection at all reasonable times during regular business hours. Copies of public records must be made available within a reasonable period of time.
Arrest records maintained by the Newburgh Heights Police Department typically contain comprehensive information about the arrest event and the individual involved. Standard arrest records include the following elements as mandated by Ohio law and departmental policies:
The Newburgh Heights Police Department maintains these records in accordance with Ohio's records retention schedules as established by the Ohio History Connection's State Archives program. These schedules determine how long different types of records must be preserved before they may be disposed of or archived.
The Village of Newburgh Heights follows Ohio state law regarding the expungement and sealing of arrest records. Under Ohio Revised Code Chapter 2953, individuals may petition for the sealing of records related to arrests that did not lead to conviction or for convictions that qualify under statutory guidelines. The expungement process effectively removes the record from public access, though certain government agencies may still access sealed records under specific circumstances.
Eligibility criteria for expungement in Newburgh Heights include:
The expungement process requires filing a petition with the court that handled the original case. For cases processed through the Newburgh Heights Mayor's Court, petitions are filed at 3801 Harvard Avenue, Newburgh Heights, OH 44105. For felony cases or those transferred to Cuyahoga County courts, petitions must be filed with the appropriate county court.
The court will schedule a hearing to determine whether the applicant meets statutory requirements and whether the public interest in maintaining the record is outweighed by the applicant's interest in having it sealed. If granted, the record is sealed from public view and the individual may legally state that the arrest or conviction never occurred in most circumstances.
The Newburgh Heights Police Department and other village agencies comply with court orders to seal records by restricting access to the specified documents and removing them from public databases.
The Village of Newburgh Heights operates under both state and local regulations governing public records access. The primary legal framework includes:
Ohio Public Records Act (Ohio Revised Code § 149.43): This statute establishes the fundamental right of access to public records and outlines procedures for requesting and obtaining such records.
Ohio Criminal Records Sealing Law (Ohio Revised Code Chapter 2953): These provisions govern the process for sealing and expunging criminal records, including arrest records.
Newburgh Heights Municipal Ordinances: Local regulations may supplement state law regarding the maintenance and disclosure of village records, including those related to law enforcement activities.
The Village of Newburgh Heights has implemented policies to ensure compliance with these legal requirements while protecting sensitive information. The village administration, in coordination with the Newburgh Heights Police Department, regularly reviews and updates these policies to reflect changes in state law and best practices in records management.
Public records requests are processed in accordance with statutory timelines, and fees for copies are limited to actual costs as prescribed by Ohio Revised Code § 149.43(B)(6). The village maintains a schedule of such costs, which is available upon request from the Village Clerk's office.