Kentucky Public Records

A Kentucky public record is a document containing information on the conduct of the state government. Per the Public Records Act, residents of Kentucky have the statutory right to access public records maintained by public agencies in the state. Hence, all public records are subject to public disclosure unless exempted from disclosure under the law.

In keeping with the provisions of state statutes, every public agency must appoint an official record custodian. In Kentucky, a custodian is responsible for maintaining, keeping, and approving requests for public documents (KRS 61.870 – KRS 61.884).

Are Kentucky Records Public?

Yes. Kentucky records are public. According to the Kentucky Public Records Act (KPRA), interested members of the public can view and request copies of public records in the state. Individuals who wish to access a public record may query the authorized custodian. However, under the KRS 61.878(1) of the Public Records Act, the following are exemptions to the disclosure of records in Kentucky:

Records containing personal information, especially if disclosure is an invasion of privacy;
Data compiled and maintained for scientific research;
Information for the regulation of financial institutions, which contains the agency's internal audit criteria;
Documents containing the prospective location of a business or industry without any public disclosure in the past;
Includes all public records prohibited from disclosure under federal laws and regulations;
Real estate appraisals, feasibility estimates, and evaluations made while acquiring property;
Records of law enforcement agencies involved in administrative sentences or regulatory violations if public disclosure would harm the agency;
Documents with a high possibility of threatening public safety by exposing a vulnerability in preventing or responding to a terrorist act;
Information of a personal nature unrelated to any governmental function.

Kentucky Public Records Act

In 1976, the Kentucky Public Records Act was enacted to authorize access to public records in the state. The Kentucky General Assembly, aware of the public's interest in the open examination of public records, established these statutes. Under this law, eligible requesters may obtain nonexempt public records regardless of their form.

The KPRA defines public records as all books, papers, maps, photographs, cards, recordings, and other documentation, regardless of physical form or characteristics. Examples of the types of public records accessible to individuals in Kentucky include:

Birth records
Death Records
Marriage Records
Court records
Licensing records
Business records
Tax records
Voting records
Meeting minutes
Statistical data.

The Kentucky Public Records Act applies to the following agencies and officials:

State and local government officers, as well as departments and legislative bodies;
Bodies created by state or local authority in any branch of government ;
State or local government agencies created by statute or under legislative acts;
Interconnection of two or more public agencies;
Special district bodies, school district boards, county and city governing bodies, and municipal authorities.

How Do I Find Public Records in Kentucky?

Kentucky public records are available for viewing and duplication through various government agencies. However, the process for accessing these records will vary with the custodian and record type. Notwithstanding, the following steps are similar across board:

Confirm the Type of Record and Its Custodian: Requesters are required to determine the type of record they are interested in before searching for a record. This is because different custodians hold different records; government-operated repositories rarely manage different records simultaneously. For example, a requester can visit a County Clerk to obtain court records; however, vital records are usually held by the state or county department of health.
Determine the Record's Availability and Accessibility: A public record custodian can confirm a record's availability through their websites. Each website may also have accessibility tools that help requesters submit requests easily. In addition, these custodians provide contact details and email addresses for requesters to enquire about the availability of the records easily. The public agency must notify the requester if the requested record is in storage or unavailable.
Submit a Request: According to KRS 61.872, a public records request may be submitted using the standardized request form. The form may be delivered to the custodian in person, by mail, or electronically. Sometimes, the custodian may require the request to be written and signed. The KRS 369.107 of the law states that an electronic signature is enough to meet this requirement. Whatever the case, they will need to contain some case information with which to facilitate the search, including a case number, page or docket number, as well as the record holder's name and other identifying information.
Fee and Payment Structure: The agency may charge a nominal processing fee after submitting a request to obtain a public record. The fee must be, at most, the regular cost of getting or making copies of the record. Most record custodians accept certified checks and money orders payable to the government agency.

Find Kentucky Public Records Free

Interested individuals can access certain Kentucky public records for free in person, online, via mail, or by fax. Various record custodians provide public terminals that allow requesters to search and access records for free. Below are some of the state custodians to contact:

The Kentucky Department of Corrections provides an Online Offender Search tool where requesters can find public records for free. However, this search may require information like the names, offender type, location, supervision status, and conviction dates.
The Kentucky Administrative Office of the Courts allows requesters to access background checks and court records using the Request Court Records online portal.

What Happens if I Am Refused a Public Records Request?

According to the Kentucky Open Records Act, record custodians within the state can reject a request to access public records. This may be because of any of the following:

Overly burdensome request to the agency
Wrong agency application
Unavailability of record
Insufficient details to identify the record.

If a public record request is denied, the agency must send a statement explaining the specific reason for the request denial. Record requesters who disagree with the rejection response may appeal to the court or the Attorney General's Office.

The requester must submit a copy of the written denial to file an appeal for a public records denial with the Attorney General's Office. If the custodian refuses to provide a written response, the requester may provide a copy of the written request. Upon receipt of the request, the Attorney General has twenty days to review the denial further and decide if the agency violated the provisions of the Act.

How Long Does It Take to Obtain a Kentucky Public Record?

It depends. According to KRS 61.880(1) of the Open Records Act, the Records Custodian must respond to any public record request in writing within 5 business days. Upon failure to produce the record within 5 days, the records custodian must provide the requester with an explanation for the delay and the earliest date the records will be available.