Benton County Public Records / Benton County Arrest Records

Benton County Arrest Records

How To Look Up Arrest Records in Benton County in 2026

BentonMNRecords.us provides access to publicly available information related to arrest records in Benton County, Minnesota. Members of the public may find booking records, charge information, custody status, and related court case data through this resource. Available record categories include arrest logs, jail rosters, criminal case filings, and booking photographs. Information presented reflects what is available through official public sources and may not reflect the most current status of a case.

Records may be searched through official resources including the Benton County Sheriff's Office, the Benton County District Court, public access terminals at the courthouse, and online tools maintained by state and county agencies.

Online Methods:

1. County Sheriff's Office Arrest Records

The Benton County Sheriff's Office maintains a current jail roster that members of the public may access online. The roster includes the name of each person in custody, booking date, charges, and bond information. The roster is updated on a regular basis and reflects current custody status at the time of viewing.

2. Local Police Departments

The City of Foley Police Department and the City of St. Cloud Police Department serve portions of Benton County. Press releases containing arrest information are periodically published through city websites and local media outlets. Members of the public may contact individual departments directly to inquire about arrest logs.

3. County Clerk of Court Case Search

The Minnesota Court Records Online (MCRO) system allows members of the public to search criminal case records by name. Court cases linked to arrests in Benton County are accessible through this statewide portal. Searching by the name of an arrestee will return associated case numbers, charges, and hearing dates.

4. State Law Enforcement Database

The Minnesota Bureau of Criminal Apprehension (BCA) maintains a statewide criminal history repository. Members of the public may request a criminal history record through the BCA's Criminal Justice Information Systems division. A fee of $15.00 applies to public criminal history requests submitted through the BCA.

In-Person Access:

Sheriff's Office:

Benton County Sheriff's Office
531 Dewey Street
Foley, MN 56329
Phone: (320) 968-5000
Benton County Sheriff's Office

Members of the public visiting the records division should bring a valid government-issued photo identification and any known details about the arrest, including the full name of the subject and the approximate date of arrest. Standard copy fees apply.

Clerk of Court:

Benton County District Court – Court Administrator's Office
615 Highway 23 West
Foley, MN 56329
Phone: (320) 968-5005
Minnesota Judicial Branch – Benton County

The Court Administrator's Office maintains criminal case files for all matters adjudicated in Benton County. Members of the public may inspect case files during regular business hours, Monday through Friday, 8:00 a.m. to 4:30 p.m. Copy fees are assessed at $0.25 per page for standard paper copies.

By Mail:

Written requests for arrest records may be directed to the Benton County Sheriff's Office at 531 Dewey Street, Foley, MN 56329. Requests should include the full legal name of the subject, date of birth, approximate date of arrest, booking number if known, and the requestor's contact information. Payment for copies should accompany the written request. Processing time varies based on volume and record availability.

By Phone:

The Benton County Sheriff's Office may be reached at (320) 968-5000. Staff can provide limited information by phone, including general custody status. Requestors should have the subject's full name, date of birth, and approximate arrest date available. Complex requests may require an in-person visit or written submission.

Through Legal Channels:

Attorneys may obtain arrest records through formal discovery in criminal proceedings. Subpoenas may be issued for records not otherwise available through public access channels. Detailed investigative materials not subject to public disclosure may be obtained through court-ordered discovery.

Information Needed for Search:

Full legal name (first and last at minimum)
Date of birth or approximate age
Approximate date of arrest
Booking number (if known)
Location of arrest and arresting jurisdiction

Are Arrest Records Public in Benton County

Arrest records in Benton County are public records under Minnesota law. Pursuant to the Minnesota Government Data Practices Act, Minn. Stat. § 13.82, arrest data maintained by law enforcement agencies is classified as public data and is accessible to any member of the public upon request. This classification reflects the state's commitment to government transparency, public safety awareness, and accountability in law enforcement.

The public nature of arrest records serves several recognized purposes, including enabling journalism and investigative reporting, supporting background screening processes, facilitating legal proceedings, and allowing community members to remain informed about law enforcement activity in their area.

What Arrest Information Is Public:

Arrestee name and aliases
Date and time of arrest
Location of arrest
Arresting agency
Charges filed at time of arrest
Booking number
Mugshot/booking photograph
Bond and bail information
Current custody status
Basic demographic information including age and physical description

Limitations on Public Access:

Juvenile arrest records are restricted or sealed under Minnesota law
Expunged arrest records are removed from public access following a court order
Active investigation data that would compromise an ongoing inquiry
Identities of undercover officers and confidential informants
Victim identifying information in certain case types
Information pertaining to participants in witness protection programs

Constitutional and Legal Basis:

The Minnesota Government Data Practices Act establishes a presumption of public access to government data, including law enforcement records. Courts have recognized the First Amendment interest of the press and public in accessing arrest information. At the same time, Minnesota law balances transparency with individual privacy rights, particularly for juveniles and individuals whose records have been judicially expunged.

Who Can Access Arrest Records:

General members of the public
Media organizations and journalists
Employers, subject to restrictions under the federal Fair Credit Reporting Act (FCRA)
Landlords, subject to applicable housing discrimination laws
Professional licensing agencies
Background check companies operating under FCRA compliance
Attorneys and legal professionals
Academic researchers

Restrictions on Use:

Employers using arrest records for hiring decisions must comply with the federal Fair Credit Reporting Act. Minnesota has enacted restrictions on the use of arrest records in employment decisions, particularly where charges did not result in conviction. Arrests that did not lead to conviction carry a legal presumption of innocence and must be distinguished from convictions in any screening context.

What's in Benton County Arrest Records

Personal Identification Information:

Full legal name and any known aliases
Date of birth and age at time of arrest
Sex and gender
Race and ethnicity
Height and weight
Eye color and hair color
Identifying marks such as scars or tattoos
Address at time of arrest (may be limited in disclosure)

Arrest Details:

Date and time of arrest
Location of arrest by street address or general area
Arresting agency (Sheriff's Office, Police Department, or State Patrol)
Booking date and time
Booking number or arrest number
Warrant information if applicable

Charges Information:

Specific criminal charges as filed
Minnesota statute numbers violated
Charge descriptions and classifications (felony degree or misdemeanor class)
Number of counts for each charge
Domestic violence designation if applicable

Booking Information:

Name and location of booking facility
Intake timestamp
Booking photograph (mugshot)
Fingerprints collected during booking (not typically included in public records)
Personal property inventory

Custody and Bond Information:

Current custody status (in custody, released, or bonded out)
Bond amount as set by the court
Bond type:
- Cash bond
- Surety bond
- Personal recognizance (PR bond)
- No bond
Release date and time if released
Conditions of release if made public

Court Information:

Court case number assigned
Court jurisdiction
Scheduled arraignment date
Judge assignment if available

What's Typically NOT in Public Arrest Records:

Detailed narrative of the arrest from the police report
Witness statements
Victim identifying information
Evidence collected during investigation
Investigative techniques used
Medical or mental health information
Social Security number (redacted by law)
Bank account or financial information

Arrest records are distinct from police reports, which contain more detailed incident narratives; court records, which document legal proceedings following arrest; criminal records, which reflect convictions and sentences; and comprehensive background checks, which aggregate data from multiple sources.

How Much Does It Cost to Get Arrest Records in Benton County?

Members of the public may inspect arrest records at the Benton County Sheriff's Office or the Court Administrator's Office at no charge. Fees apply when copies are requested.

Standard Fee Schedule:

Record Type	Fee
Paper copies (per page)	$0.25
Certified copies (court records)	$14.00 per document
BCA criminal history (public request)	$15.00
Electronic copies (where available)	Varies by agency

The Minnesota Government Data Practices Act governs the fees that government agencies may charge for public records. Under Minn. Stat. § 13.03, agencies may charge for the actual cost of searching for and retrieving data, as well as the cost of duplication. Agencies may not charge for the time spent reviewing data to determine what is public.

Accepted Payment Methods:

The Benton County Sheriff's Office and Court Administrator's Office accept cash, check, and money order for records requests. Members of the public should confirm accepted payment methods when submitting requests.

Fee Waivers:

Fee waivers may be available for indigent requestors or in cases where the public interest in disclosure is demonstrated. Requests for fee waivers should be submitted in writing with supporting documentation.

What Is Available at No Cost:

Online jail roster inspection through the Sheriff's Office website
Online case search through the Minnesota Court Records Online portal
In-person inspection of public records at agency offices

How To Delete Arrest Records in Benton County

Minnesota law provides two primary mechanisms for limiting public access to arrest records: expungement (statutory sealing) and judicial sealing. Expungement under Minn. Stat. § 609A.02 seals records held by the court and directs law enforcement agencies to seal their copies as well. A sealed record is not destroyed but is removed from public access and may not be disclosed except to law enforcement and certain licensing authorities.

Eligibility for Expungement:

Expungement may be available in the following circumstances:

Charges were dismissed or the case was resolved without a conviction
The petitioner was acquitted at trial
The petitioner successfully completed a diversion program
A waiting period has elapsed following a misdemeanor or certain felony convictions
The offense qualifies under Minnesota's list of eligible offenses

Steps to Petition for Expungement:

Obtain a copy of the criminal record from the BCA and the Court Administrator's Office to identify all records subject to the petition.
Complete the expungement petition form available through the Minnesota Judicial Branch.
File the petition with the Benton County District Court and pay the applicable filing fee.
Serve copies of the petition on all agencies that hold records related to the arrest, including the Sheriff's Office, BCA, and any other law enforcement agencies involved.
Attend the scheduled hearing before a district court judge.
If the petition is granted, the court issues an order directing all named agencies to seal their records.

Contact Information for Expungement Matters:

Benton County District Court – Court Administrator's Office
615 Highway 23 West
Foley, MN 56329
Phone: (320) 968-5005
Minnesota Judicial Branch – Expungement Information

Minnesota Bureau of Criminal Apprehension
1430 Maryland Avenue East
St. Paul, MN 55106
Phone: (651) 793-2400
Minnesota BCA

Following a granted expungement, the BCA updates the state criminal history repository. Third-party commercial databases are not subject to the expungement order and may retain records independently. Individuals whose records have been expunged may need to contact commercial background check companies separately to request removal.

What Happens After Arrest in Benton County?

Immediate Post-Arrest Process:

1. Transport to Jail

Following an arrest in Benton County, the arrested person is transported to the Benton County Jail located at 531 Dewey Street, Foley, MN 56329. Transport time varies based on the location of the arrest within the county. The arrested person remains in restraints during transport.

2. Booking Process

Upon arrival at the Benton County Jail, the booking process begins. Booking typically takes between one and four hours depending on facility volume. The process includes:

Recording of personal information
Advisement of Miranda rights if not previously given
Booking photograph (mugshot)
Collection of fingerprints
Criminal history and outstanding warrant check
Inventory and storage of personal property
Exchange of personal clothing for jail-issued clothing
Medical and brief mental health screening
Housing classification determination

3. First Appearance/Initial Hearing

Under Minnesota law, an arrested person must be brought before a judge or judicial officer without unnecessary delay, and no later than 36 hours after arrest (excluding weekends and holidays) if held in custody. At the first appearance:

The arrested person is formally notified of the charges
The right to appointed counsel is addressed for those who qualify
Bond or bail is determined
Rights are explained

Bond/Bail Process:

Types of Bond:

Cash Bond: Full payment of the bond amount is required. The amount is refunded at the conclusion of the case, minus any applicable fees, provided all court appearances are made.

Surety Bond: A licensed bail bondsman posts the full bond amount in exchange for a non-refundable premium, typically ten percent of the total bond. The bondsman assumes responsibility for the defendant's appearance.

Personal Recognizance (PR Bond): The arrested person is released on a written promise to appear at all future court dates. No monetary payment is required. Eligibility is based on community ties, employment status, criminal history, the nature of the charges, and assessed flight risk.

No Bond: The court may order that no bond be set in cases involving serious violent offenses, demonstrated flight risk, danger to the community, probation or parole violations, immigration holds, or active out-of-state warrants.

Conditions of Release:

Regular check-in with pretrial services
Travel restrictions
No-contact orders
Drug and alcohol testing
GPS monitoring
Pretrial supervision compliance

4. Release or Continued Detention

If Bond Is Posted: Processing for release typically takes between one and eight hours following payment. Personal property is returned, a court date is provided, and written conditions of release are issued. Failure to appear at any scheduled court date results in bond forfeiture and issuance of a warrant.

If Bond Is Not Posted: The arrested person remains in custody at the Benton County Jail, receives a housing assignment, and is oriented to jail rules including commissary, phone, and visitation procedures.

Accessing Legal Representation:

Benton County Public Defender's Office
615 Highway 23 West, Suite 280
Foley, MN 56329
Phone: (320) 968-5075
Minnesota Board of Public Defense

Eligibility for a public defender is based on financial need. Private counsel may be retained at any stage of the proceedings. Attorney-client consultations at the jail are confidential.

Charging Decision:

The Benton County Attorney's Office reviews the arrest and determines whether to file formal charges, request additional investigation, decline prosecution, or file different charges. For felony matters, a grand jury may be convened to determine whether probable cause exists to proceed.

Arraignment:

At arraignment, the defendant is formally informed of the charges and enters a plea of not guilty, guilty, or no contest. Most defendants enter a not guilty plea at arraignment, and subsequent court dates are scheduled.

Court Process Overview:

The pretrial phase includes discovery, pretrial motions, and pretrial conferences. The prosecution and defense exchange evidence, and motions to suppress or dismiss may be filed. Plea negotiations may result in a resolution prior to trial.

Case Resolution Options:

Dismissal of charges
Diversion programs including drug court or mental health court
Plea agreement
Jury or bench trial

Sentencing (if convicted): The court may impose incarceration, probation, fines, restitution, community service, treatment requirements, or a combination. Credit is applied for time served in pretrial detention. Appeal rights are explained at sentencing.

Important Contacts:

Benton County Sheriff's Office (Jail)
531 Dewey Street
Foley, MN 56329
Phone: (320) 968-5000
Benton County Sheriff's Office

Benton County District Court – Court Administrator's Office
615 Highway 23 West
Foley, MN 56329
Phone: (320) 968-5005
Minnesota Judicial Branch – Benton County

Benton County Attorney's Office
531 Dewey Street
Foley, MN 56329
Phone: (320) 968-5010
Benton County Attorney

Benton County Public Defender's Office
615 Highway 23 West, Suite 280
Foley, MN 56329
Phone: (320) 968-5075
Minnesota Board of Public Defense

What to Do If Arrested:

Remain calm and cooperative with law enforcement
Do not physically resist arrest
Exercise the right to remain silent by politely declining to answer questions
Request an attorney immediately and do not discuss the case until counsel is present
Do not discuss the case with other inmates, family, or friends
Contact family or friends to assist with bail if applicable
Attend all scheduled court dates without exception
Comply with all conditions of release

How Long Are Arrest Records Kept in Benton County?

Records Retention Overview:

Retention of arrest records in Benton County is governed by Minnesota state law and the records retention schedules established by the Minnesota Historical Society and the State Archives. The Minnesota Government Data Practices Act and applicable retention schedules determine how long law enforcement agencies and courts must maintain arrest-related data.

Arrest Records Retention by Type:

Active Arrest Records (Conviction Resulted):

Felony Convictions:

Retained permanently by the Sheriff's Office, Court Administrator's Office, and the BCA state criminal history repository
Accessible to law enforcement nationwide through the FBI's National Crime Information Center (NCIC)

Misdemeanor Convictions:

Retained permanently in court records
Local law enforcement records retained according to agency retention schedules
State repository retains indefinitely

Arrest Records (No Conviction):

Dismissed Charges:

Local law enforcement records are retained for a minimum period before becoming eligible for destruction or expungement
Court records are often retained permanently unless expunged by court order
State repository retains the record unless an expungement order is received

Acquittals:

Court records are retained permanently in most cases
Local law enforcement records are retained according to agency schedule
Records may be sealed or expunged upon petition

Charges Not Filed:

Booking records are retained for a defined period per agency retention schedule
May be eligible for expungement petition in some circumstances

Digital vs. Physical Records:

Physical Records: Booking paperwork, fingerprint cards, and photographs are retained according to the applicable Minnesota records retention schedule. Evidence retention varies based on case outcome and the nature of the offense.

Digital Records: Computer-aided dispatch (CAD) records and records management system data are often retained for longer periods than physical records. Electronic court records are maintained permanently in most cases. Mugshot databases maintained by third parties are not subject to law enforcement retention schedules.

Third-Party Databases: Commercial background check companies may retain arrest records indefinitely and are not required to update records following expungement unless notified. The federal Fair Credit Reporting Act requires that consumer reporting agencies maintain accurate records, but enforcement of update obligations varies.

Retention by Agency:

Benton County Sheriff's Office: Booking records and arrest reports are retained according to the Minnesota General Records Retention Schedule for law enforcement agencies. Members of the public may contact the records division at (320) 968-5000 for information about specific records.

Benton County District Court: Felony case files are retained permanently. Misdemeanor and petty misdemeanor case files are retained for varying periods based on case disposition. Electronic records are maintained permanently through the Minnesota Court Information System.

Minnesota Bureau of Criminal Apprehension (State Repository): The BCA maintains a statewide criminal history repository that includes arrest data from all Minnesota jurisdictions. Retention is governed by state policy and federal requirements. The repository is accessible to law enforcement and, for limited purposes, to the public through the BCA's public records process.

FBI Database: The NCIC and the Interstate Identification Index (III) retain records at the federal level, typically on a permanent basis. These databases are accessible to law enforcement agencies nationwide and are used for employment background checks in certain regulated industries.

Effect of Disposition on Retention:

Conviction: Records are retained permanently in all major databases and appear on background checks indefinitely.

Dismissal: Records may remain in databases unless expunged. Dismissed charges are not always reported on standard employment background checks but may appear in raw database searches.

Expungement: Following a court-ordered expungement, local records are sealed, and the BCA updates the state repository. The FBI database may retain a notation of the record with a sealed designation. Removal from third-party commercial databases is not automatic and requires separate action by the individual.

Accessing Historical Arrest Records:

Recent arrest records are accessible online through the Sheriff's Office jail roster and the Minnesota Court Records Online portal. Older records may require an in-person request at the Sheriff's Office or Court Administrator's Office. Records that predate digital systems may exist only in paper form and may require additional processing time and retrieval fees. Records that have exceeded their retention period may have been destroyed in accordance with the applicable retention schedule.

Impact on Background Checks:

Under the federal Fair Credit Reporting Act, most employment background checks cover a seven-year period for non-conviction records. Convictions may be reported indefinitely. Minnesota law imposes additional restrictions on the use of arrest records in employment decisions, particularly for arrests that did not result in conviction. Members of the public seeking to understand how their records may appear on a background check may request their own criminal history from the Minnesota Bureau of Criminal Apprehension.