Kentucky Arrest Records

Kentucky arrest records are official documents that contain information about incidents where an individual was taken into law enforcement custody in Kentucky. These records are compiled after an individual’s arrest and maintained by law enforcement agencies such as the Kentucky Department of Corrections and local county police departments.

Kentucky arrest records are significant in criminal cases and criminal court trials. When an individual is arrested, and their case is brought to a court of law, these records become part of their criminal record. The records usually include details of the arrest, the incident, and the persons involved. Despite its usefulness, an arrest record is not definitive proof of guilt.

A typical Kentucky arrest record will include the following information:

• The arrestee’s personal information, such as their name, sex, race, and date of birth
• The individual's physical attributes (e.g., eye color, hair, height, and weight).
• Details of the arrest, such as the date, time, location, and description of the incident.
• The arrestee’s mugshot.
• Details of the offense.
• The law enforcement agency that made the arrest.
• The current status of the case.

Are Arrest Records Public in Kentucky?

In Kentucky, arrest records are made public according to the Kentucky Open Records Act, which ensures that records maintained by law enforcement agencies are accessible for inspection. However, some exceptions exist to protect individual privacy or ongoing investigations. Juvenile records and records involved in ongoing legal proceedings are restricted from public access. These restrictions protect minors, and sensitive litigation details are typically withheld.

How Do I Look Up Arrest Records in Kentucky?

In Kentucky, to look up arrest records, individuals can access several options and provide the required information, such as name, date of birth, etc, to request records.

Local Law Enforcement Agencies

Arrest records can be requested from the local sheriff’s office or police department that made the arrest. Several agencies provide access to booking information or arrest logs online or in person. Inquirers can make requests and may be required to pay a small fee to make copies of the records.

The Administrative Office of the Courts (AOC)

The AOC provides a statewide check system called the AOC FastCheck, allowing users to do background checks and look up arrest records. This system requires a $25 fee per search. Inquirers can also access AOC’s One Time Request search portal, which allows users to place a single request order and receive the report via U.S. mail.

Kentucky State Police (KSP)

The KSP handles arrest records and criminal history across the whole state. The KSP provides a background check system for the general public to access and conduct a criminal check. A name-based check for $20 and fingerprint-based checks are available. They also provide a Sex Offender Registry for the public to look up sex offense arrests.

The Federal Bureau of Investigation (FBI)

Inquirers can submit a request to the FBI’s Criminal Justice Information Services Division to conduct a nationwide records lookup for $18. However, the FBI only releases copies of records to the convicted individual or the court that has jurisdiction over the case.

Free Arrest Record Search in Kentucky

In Kentucky, individuals can search for arrest records on county and state online search portals for free. In some cases, these records can be accessed using the arrestee’s full name and booking ID. The Kentucky Department of Corrections provides the Kentucky Offender Online Lookup (KOOL) system that allows inquirers to search for arrest records for free. Individuals can also search online portals and official websites of the particular agencies that carried out the arrest in question.

How Long Do Arrests Stay on Your Record in Kentucky?

In Kentucky, arrests, charges, or convictions remain on an individual’s record indefinitely unless they ask for an expungement or have it sealed by a court of law. According to the Kentucky Revised Statutes KRS 431.073, several conditions must be met for a conviction to be eligible for expungement. However, factors that determine an arrest being retained on a record may depend on the policies of the agency that conducted the arrest.

In Kentucky, charges dismissed with prejudice are automatically expunged after 30 days, except in traffic cases. This automatic expungement order is sent to the Kentucky State Police, the arresting agency, and the local jail to inform any federal agencies of the expungement within 60 days. Individuals with Class D Felony charges can apply for an expungement five years after sentencing or five years after probation or parole.

How to Seal Arrest Record in Kentucky

Sealing or destroying arrest records is a legal process that removes a charge, arrest, or conviction from an individual’s record. In Kentucky, when a record is sealed, it may only be accessible to authorized persons and law enforcement agencies. When a record is expunged or destroyed, it is deleted permanently, and the individual appears to have never had a charge. Destroyed records do not show in background checks.

Kentucky Expungement Eligibility Criteria

• If the charge was acquitted or dismissed with prejudice, it will automatically be expunged after 30 days.
• If there was a misdemeanor charge and the case was dismissed without prejudice, the individual can file for an expungement one year after the court date. If there was a felony charge, the individual can ask for an expungement after three years.
• If the case was dismissed without an indictment, a felony charge can be petitioned to be expunged after six months and may have the record deleted (KRS 431.076).
• If an individual was convicted of a misdemeanor, they can apply to expunge an unlimited number of charges in Kentucky after five years of completing their sentence. They can only get an expungement after completing any enhancement period due to subsequent offenses after the first.
• Most Class D felony convictions are eligible for expungement after five years. Class D felonies are typically offenses that do not cause serious bodily injury or death, are not sex offenses, abuse of public office, or committed against children (KRS 431.073).

Kentucky Expungement Filing Procedure

In Kentucky, individuals can apply for an expungement certification to get a charge expunged. Expungement certification serves as a certificate of eligibility for all expungement petitions. These certifications ensure that judges reviewing the petitions have current and accurate information about the individuals.

The expungement certification takes up to 60 days to process and the petitioner’s information is thoroughly reviewed. The Kentucky State Police and the Administrative Office of the Courts (AOC) run criminal record reports to ensure the information provided is accurate.

To obtain expungement certificates:

• Online: Individuals must register on the Kentucky Court of Justice Records Request Portal and provide the required information, including their email address. They must complete the online request form and pay a $40 fee. They will then be notified via email when the certification packet is available and can download it from the portal. They must then submit the certification document with the expungement petition to the Office of the Circuit Court Clerk in the county where the original charge was filed.
• In-Person and Mail Applications: Petitioners can request an expungement certification by visiting the Administrative Office's physical location. Petitioners must submit a completed Expungement Certification Request Form and pay the $40 filing fee by check or money order made payable to the Kentucky State Treasurer. The form and payment must be mailed to:

Records Unit

Administrative Office of the Courts

1001 Vandalay Drive

*Frankfort, KY 40601. *

The certification packet will later be sent by U.S. mail, and the petitioner must file the documents with the clerk’s office. For an automatic expungement, individuals do not need an expungement certificate and do not have to pay a filing fee. However, for felony expungements, petitioners must complete the AOC Application to Vacate and Expunge Felony Conviction and file the form after the expungement certification has been returned. Their attorneys may also eFile felony expungement motions if necessary.