Arrest records are public documents in Fountain Hills, Arizona, pursuant to the Arizona Public Records Law (A.R.S. § 39-121). This statute establishes that all public records, including arrest records, shall be open to inspection by any person during regular office hours. The law reflects Arizona's commitment to government transparency and the public's right to access information maintained by public agencies. Members of the public may inspect these records regardless of their purpose for seeking the information, as the statute does not require individuals to state a reason for their request.
The Maricopa County Sheriff's Office (MCSO), which provides law enforcement services to Fountain Hills under contract, maintains these records in accordance with state regulations. Public access to arrest records serves multiple civic purposes, including enabling community awareness of law enforcement activities and facilitating background checks for employment or housing purposes.
Maricopa County Sheriff's Office - Fountain Hills Substation
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Phone: 480-837-2047
Law Enforcement Services
Multiple official channels exist through which members of the public may access arrest records in Fountain Hills. The following methods are available to individuals seeking this information:
Submit a Public Records Request: Individuals may submit a formal public records request to the Town of Fountain Hills. Requests can be submitted in person, by mail, or through the town's online portal. Pursuant to A.R.S. § 39-121.01(D)(1), the custodian of records must promptly respond to all requests.
Visit the Maricopa County Sheriff's Office: The MCSO Fountain Hills substation maintains records of arrests conducted within town limits. Requestors should be prepared to provide specific information such as the name of the arrested individual and approximate date of arrest to facilitate the search process.
Access the Fountain Hills Municipal Court Records: Court records related to arrests within Fountain Hills jurisdiction can be obtained through the Municipal Court. These records typically include arraignment information, case dispositions, and sentencing details.
Utilize the Maricopa County Superior Court Database: For more serious offenses that exceed Municipal Court jurisdiction, records may be accessed through the Maricopa County Superior Court's public access system.
Town of Fountain Hills Administration
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Phone: 480-816-5100
Public Records Request Form
Fountain Hills Municipal Court
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Phone: 480-816-5103
Municipal Court Information
Arrest records maintained by law enforcement agencies in Fountain Hills contain standardized information as required by Arizona state law. These records typically include the following components:
It should be noted that pursuant to A.R.S. § 13-4434, certain information may be redacted from public arrest records in cases involving victims of specific crimes, including domestic violence and sexual offenses. Additionally, juvenile arrest records are subject to different confidentiality standards under A.R.S. § 8-208.
While arrest records are generally public in Fountain Hills, several important legal restrictions limit access to certain information. These limitations are designed to balance transparency with privacy rights and the presumption of innocence. Key restrictions include:
Sealed Records: Pursuant to A.R.S. § 13-911, certain arrest records may be sealed by court order, making them inaccessible through standard public records requests. This typically occurs after successful completion of diversion programs or in cases where charges were dismissed.
Juvenile Records: Under A.R.S. § 8-208, records pertaining to juvenile arrests are confidential and not available for public inspection except under specific circumstances authorized by statute or court order.
Ongoing Investigations: Information related to active law enforcement investigations may be temporarily withheld from public disclosure under A.R.S. § 39-121.03 if release would impede the investigation or prosecution.
Privacy Protections: Certain personal identifying information may be redacted from arrest records, including Social Security numbers, medical information, and victim information in sensitive cases as required by A.R.S. § 13-4434.
Expunged Records: Records that have been expunged pursuant to court order are removed from public access and treated as if the arrest never occurred.
The Fountain Hills Municipal Court and the Maricopa County Sheriff's Office are responsible for ensuring compliance with these restrictions when responding to public records requests for arrest information.
Arizona law provides mechanisms through which eligible individuals may petition for the expungement of arrest records in Fountain Hills. The process, governed by A.R.S. § 13-911, allows for the sealing of records under specific circumstances. Effective January 1, 2023, Arizona's expungement law (formerly called "set aside") has been expanded to provide greater relief to eligible individuals.
The following criteria generally apply to expungement eligibility:
The expungement process requires filing a petition with the court that handled the original case. For Fountain Hills residents, this may be either the Fountain Hills Municipal Court or the Maricopa County Superior Court, depending on the nature of the original charge. Upon review of the petition, the court may grant expungement if statutory requirements are met and justice would be served by sealing the record.
When an expungement is granted, the arrest record is sealed from public view, and the individual may legally state they have not been arrested for that particular offense in most circumstances. However, certain government agencies and licensing boards may still have access to expunged records for specific regulatory purposes.
Fountain Hills Municipal Court
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Phone: 480-816-5103
Court Forms and Documents
Employers, landlords, and other entities in Fountain Hills frequently utilize arrest records as part of background screening processes. The following guidelines govern the proper use of such information:
Fair Credit Reporting Act (FCRA) Compliance: When third-party background check companies access arrest records, they must comply with federal FCRA requirements, including obtaining consent from the subject and providing adverse action notices when negative information affects decisions.
Ban-the-Box Provisions: While Arizona does not have a statewide ban-the-box law, employers should be aware that asking about arrests (rather than convictions) may create liability under Equal Employment Opportunity Commission guidance, as arrest record inquiries can have a disparate impact on protected classes.
Accuracy Verification: Users of arrest record information should verify the accuracy and completeness of records, as public databases may contain errors or fail to reflect final case dispositions.
Relevance Assessment: Arizona courts have established that employers and housing providers must demonstrate the relevance of criminal history information to specific position requirements or housing considerations.
Record Sealing Consideration: Entities conducting background checks should be aware that sealed or expunged records should not appear in background checks and cannot legally be considered in decision-making processes.
Individuals who believe their arrest records have been improperly accessed or used may file complaints with the Arizona Attorney General's Office or seek remedies through civil litigation under applicable state and federal laws.
In addition to formal arrest records, the public may access incident reports and related documents that provide context for law enforcement actions in Fountain Hills. These supplementary records include:
To obtain these supplementary records, individuals must submit specific requests identifying the incident by date, location, or report number. The Maricopa County Sheriff's Office processes these requests in accordance with A.R.S. § 39-121.01, which requires prompt responses to public records requests.
Certain sensitive information within these documents may be redacted prior to release, including victim identities in sexual assault cases, information that would compromise ongoing investigations, and personal identifying information protected by privacy laws.
Maricopa County Sheriff's Office Records Division
550 W. Jackson Street
Phoenix, AZ 85003
Phone: 602-876-1070
Traffic Accident and Incident Reports