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Kentucky Arrest Records

A Kentucky arrest record is a report generated by a law enforcement agency following the apprehension of an individual suspected of breaking the state's criminal laws. The record contains details of the incident that led to an arrest and the suspect's personal information. Depending on the circumstances surrounding the arrest, an arrest record may include some information listed in a person's criminal history.

Nonetheless, arrest records are not the same as Kentucky criminal records. The records are only a small part of a person's criminal history that contain information on related arrests made by state or local law enforcement officers. As a result, an arrest record does not imply that someone is guilty of a criminal offense.

Arrest records are deemed public information in Kentucky and can be obtained by querying the agencies that maintain and disseminate the records.

Kentucky Arrest Statistics

The Kentucky State Police publishes annual reports of criminal and arrest data through its Computer Technologies Section, Records Branch, and Uniform Crime Reporting division.

According to the 2020 annual report, Kentucky's state and local law enforcement agencies made a total of 293,084 arrests. Group A offenses like homicide, fraud, and counterfeiting accounted for 47 percent (137,845) of all arrests. Meanwhile, Group B offenses like bad checks, DUIs, and disorderly conduct accounted for the remaining 53 percent (155,239 arrests).

Furthermore, 104,055 males and 33,658 females were arrested for Group A offense. Meanwhile, 113,703 males and 41,415 females were arrested for Group B offenses.

What is an Arrest Record in Kentucky?

An arrest record in Kentucky is a formal summary of an individual's detention by state or local law enforcement authorities. The record is evidence that a person was suspected of engaging in criminal activity. As a result, it contains the suspect's identity, interrogation, charges, and other related information.

What is Contained in an Arrest Record?

The following will be found on a Kentucky arrest record:

  • A chronological description of the alleged crime
  • The arresting officer's name and badge number
  • The arresting agency
  • The arrest date and location
  • The arrestee's physical description, including gender, race, hair and eye color, and height and weight
  • The arrestee's personal information, including name and aliases, age, date of birth, and contact information
  • The arrestee's image and fingerprints
  • The charges
  • The classification of the alleged crime (infraction, misdemeanor, or felony)
  • Bail information
  • The next court date
  • Details on the vehicle used to commit the alleged crime (if applicable)

Are Arrest Records Public in Kentucky?

Yes. According to Kentucky's Open Records Act, arrest records are public information. Hence, anyone can request and obtain open arrest records from the arresting agency.

Typically, the sheriff's department or the city police department is responsible for creating, maintaining, and distributing arrest records. Unless a statutory or security reason exists to withhold an arrest record, the arresting agency must comply with Open Records Act and grant access to the requester. Members of the public must usually cover the cost of reproducing an arrest record.

Who Can Access Arrest Records?

As previously stated, Kentucky arrest records can be examined or copied by any person or entity that makes a formal request. The only exception where access may be prohibited is when the record is not disclosable because of a law or court order.

How Do I Lookup Someone's Arrest Records in Kentucky?

In Kentucky, an arrest record is kept by the law enforcement entity that made the arrest. This entity is usually a local police department or county sheriff's office. As a result, Kentucky arrest records can be obtained by contacting the applicable law enforcement agency or requesting public records from the Kentucky State Police.

Parties interested in requesting records from the Kentucky State Police must mail, hand-deliver, fax, or email a request to the Official Custodian of Records. The request must be in writing. Inquirers must ensure to sign the application, print their name, and describe the record to be inspected or duplicated. The record's description may include the subject's name, location, and date that the record was created. The inquirer must also provide their full names, address, and phone number. Below is the address to send record requests:

Physical address:
Kentucky State Police
919 Versailles Road
Frankfort, KY 40601
Phone: (502) 782-1873
Fax: (502) 573-1636
Email: ksp.openrecords@ky.gov

Mailing address:
Kentucky State Police
Legal Services Branch
Attn: Stephanie Dawson, Records Custodian

Although it is not required, requesters may use the Open Records Request Form to submit their requests. The Kentucky State Police charges ten cents for each page provided.

Additionally, conducting background checks to acquire criminal record reports may allow an interested party to access adult arrest information. The Administrative Office of Courts (AOC) can provide interested parties with such reports. The report will typically include arrests, convictions, verdicts, incarceration information, and details on all arrest warrants issued against the record holder.

Criminal records can be retrieved online, in person, or via mail from the AOC. Requesters must use the FastCheck interface for online access to Kentucky criminal records. However, they must first create an account before performing name-based background searches. A non-refundable $25 fee is charged for each search. This fee is payable by credit card.

For in-person requests for Kentucky criminal records, the inquirer must visit the Administrative Office of the Courts. Each request costs $25, which can be paid by check, money order, or credit card.

For mail requests, the inquirer must fill out a request form, attach a money order or check of $25 and stamped self-addressed envelope, and send all to:

Administrative Office of the Courts

Records Unit
1001 Vandalay Drive
Frankfort, KY 40601
Phone: (800) 928-6381

How to Subpoena Arrest Records in Kentucky

A subpoena is a writ that orders a person or entity to appear in court or disclose specific documents. A subpoena that asks for documentary evidence to be produced is known as a subpoena duces tecum. It is this subpoena type that is used to subpoena arrest records in Kentucky.

To obtain a subpoena duces tecum, an individual must submit a form to the court. The blank form can be obtained from the court clerk or Kentucky courts website. In the subpoena form, the following must be stated:

  • The court that issued the subpoena
  • The title of the action
  • The court where the issue is being heard
  • The case number
  • The name and contact information of the party or attorney who requested the subpoena.

Furthermore, the requesting party must be specific about the record of interest. Being too broad about a request could cause the court to deem the subpoena oppressive or unreasonable and quash or modify it. Hence, the requesting party must ensure that the subpoena identifies the sought-after arrest record(s), explains why the document is needed to corroborate the requester's claim, and states what format the document should be produced.

Once the subpoena is completed and issued, the individual or attorney must serve it on the custodian of the arrest record. Before service, the party must notify other parties to the case and any person or entity whose information is being demanded unless it pertains to a trial.

In Kentucky, a subpoena can be served in the same way as a summons. It can be served via certified mail and by anybody above the age of eighteen. Copies of any record obtained in response to the subpoena must be furnished to other case parties for examination.

How to Search for an Inmate in the Kentucky Prison System

Generally, anyone can find out about an inmate by contacting the correctional facility where the offender is confined. If the individual is incarcerated in the state prison system, the Kentucky Department of Corrections (DOC) should be contacted.

The Kentucky DOC manages the state's correctional facilities and the inmates housed there. If a person has been incarcerated for more than 120 days in such facilities, the DOC's Offender Search System is likely to reveal the inmate's details. This includes:

  • The inmate's full name and known aliases
  • DOC/PID number
  • Offense
  • Current location.
  • Conviction information
  • Risk assessment rating
  • Parole information

Note that a PID/DOC number is an offender's identification number. It is a seven-digit number that the department uses to distinguish offenders within the prison system.

How Do I Find Out if Someone Was in Jail in Kentucky

Individuals seeking detailed information about inmates who have been released from jail can query a local sheriff or jail administration. Also, suppose the inquirer is subscribed to the Victim Identification and Notification (VINE) system. In that case, they will be alerted of any development concerning the inmate's custody status, including their release, transfer, parole, escape, etc.

Furthermore, people can use the Kentucky DOC's Online Offender Lookup System to look for offenders on probation, parole, or under community supervision. The database provides inquirers with advanced search options to obtain more information about an inmate's custody status. Alternatively, they can query the Department of Corrections directly by making open records requests.

Any open record request must be made in writing or using a standard form. The request can be sent via email, fax, or mail using the information below:

Department of Corrections

Offender Information Services
Attn: Keesha Solomon, Records Coordinator
P.O. Box 2400
Frankfort, KY 40602
Fax: (502) 564-9575
Email: correctionsopenrecords@ky.gov

How Long Do Kentucky Arrest Records Stay on File?

Kentucky arrest records stay on file indefinitely unless they are expunged. However, suppose the arrest that led to the record's creation did not result in a conviction. In that case, the record might be automatically deleted after a specified period—typically 30 days after the individual is cleared of all charges. Otherwise, the record holder must file a petition with the court to have the record expunged.

What is the Difference Between an Arrest Record and an Arrest Warrant?

The difference between a Kentucky arrest record and a Kentucky arrest warrant is that the former details the arrest incident while the latter authorizes the arrest.

A Kentucky arrest warrant is a legal document issued by a judicial officer. It gives law enforcement agents the authority to arrest or detain the person(s) mentioned on the warrant. The warrant may also allow for a search and seizure of the arrestee's possessions. On the other hand, an arrest record is the documentation of an arrest. The record is created after an arrest occurs.

Nevertheless, both records identify suspects, along with their distinguishing characteristics and the crimes for which they are being held accountable.

What is the Difference Between an Arrest Record and a Criminal Record?

Kentucky arrest records and Kentucky criminal records differ in the quantity of information contained in each document. Unlike an arrest record, a criminal record is a more comprehensive summary of a subject's criminal history.

A criminal record contains information about whether an individual was found guilty, pleaded guilty, or entered a no-contest plea in response to criminal charges. It also shows the subject's offenses (felonies or misdemeanors), arrests, convictions, and acquittals. Reports on the subject's behavior after conviction may also be included in the record.

Overall, the difference between an arrest record and a criminal record is that the former documents an individual's arrest(s), while the latter outlines the individual's entire criminal history.

How to Obtain Arrest Records for Free in Kentucky?

Parties who want to obtain an arrest record in Kentucky must pay for the duplication of the record. The state's Open Records Act mandates that agencies responsible for disseminating arrest records must charge a nominal fee to cover the reproduction costs.

However, arrest records might be reviewed for free on some government agency websites. Alternatively, the interested person may search for arrest records using online databases that are available for free.

How to Search for a Kentucky Arrest Record Online Using a Third-Party Search Service

Sometimes, obtaining copies of arrest records might be challenging. Hence, people may use third-party search engines to look for the records online, as such sites gather public data, including arrest records, from various government-owned databases.

Although an individual typically has to pay to review a record on a third-party site, it is still a convenient way to obtain arrest information. One reason is that government agencies might take a longer time to fulfill public records requests.

Most third-party services only require basic information (the last name, city, state) to find records for the requesting party.

What Can I Do if My Arrest Record Has a Mistake?

Individuals who discover their arrest record is inaccurate should request a correction from the government entity that created the record or maintains it. The state or municipal arresting agency will usually be able to guide the individual on the process. Nevertheless, calling the Kentucky State Police's Criminal Records Dissemination Section at _(502) 227-8700_is advisable in most situations.

Additionally, because the Kentucky Court of Justice also provides criminal record reports, those affected can contact the AOC Records Unit at (800) 928-6381 to speak with a representative on how to resolve the problem. While this AOC may fix the record, the individual may also need to contact the circuit court clerk in the county where the arrest record was generated for assistance.

Irrespective of which agency a record holder contacts, the party must provide specifics about the error, including documentary evidence where possible. The state agency that receives the complaint is typically compelled by law to respond within a specified period.

How to Expunge Arrest Records in Kentucky

Expungement is a legal procedure that allows an arrest, charge, or conviction to be removed from a person's record. In Kentucky, if a person with a criminal record does not request an expungement, the arrest, charge, or conviction will remain on their record. This means that such information will appear whenever the individual's criminal background is researched. Job opportunities, educational opportunities, and even some government assistance programs may be affected by the disclosure of such information.

Individuals that were arrested and charged can have their arrest records erased if they meet the following criteria:

  • The charges were dismissed without prejudice (i.e., the charges cannot be refiled later)
  • The person was charged with a crime but was not indicted by a grand jury within 6 months.
  • The person was declared not guilty of a crime.

For all cases dismissed with prejudice or acquitted on or after July 15, 2020, the Kentucky Judiciary instituted auto expungements. After 30 days, these records will be automatically purged, and the subject is not compelled to take any action in this case.

When an arrest record is automatically wiped, the expungement order is sent to the following entities:

  • Defendant
  • Defendant's legal representative
  • Attorney for the county
  • Kentucky State Police (KSP)
  • The arresting agency that created the report
  • Local correctional facility (if applicable)

The petitioner must notify the court within 60 days of the expungement if intending to send the order to other agencies. The Kentucky State Police is tasked with reporting the expungement to federal agencies.

Suppose the auto expungement is not granted for some reason or the prospective petitioner does not qualify for such relief. In that case, the interested party has 60 days following the dismissal or acquittal to file a petition with the court. Typically, an individual seeking the expungement of a conviction, and associated arrest, must obtain a certificate of eligibility. However, if the charges were dismissed or the subject was acquitted, no certificate of eligibility or filing fee is required.

Persons who do not require a certificate of eligibility can file an Acquittal, Dismissal & Failure to Indict form with the court in the county where the arrest took place. The petitioner has 60 days from the date the charges were dropped to file this form. If the grand jury does not indict the individual, the charges will be expunged 12 months later.