What are Marshall County Public Records?
According to the Open Records Act, KRS 61.870 to KRS 61.884, records prepared, owned, used, possessed, or retained by a public agency are public records, per the Freedom of Information Act of the USA. The Act which was established in 1976 and as amended 1992, 2009, and 2019 respectively, by the Kentucky General Assembly, has determined that public records in Marshall county, whether digital or on paper are open for inspection, except records that fall within the 14 records exempted by the Act. Even records not open for inspection, otherwise called ‘closed records’ are termed public records. The Open Records Act covers all records generated and maintained by the county, governing bodies, local agencies, school district boards, special district boards, and municipal corporations.
Public records cover arrests and warrants, police records, inmates records, bankruptcies, vital records, property records, criminal records amongst others. Records owned or maintained by a body not related to functions, activities, or programs funded by the state or local authorities do not fall under public records. County public records may be obtained from the official custodian of the concerned record, that is the originating local agencies that produce, keep and maintain the record, and also from the county’s official website. The state’s Attorney General’s Office also provides access to public records where requests can be made from the Attorney General’s website. Records may be inspected or mailed to the requester, and sometimes at a fee especially where certified copies are required.
Open Records Request shall be hand-delivered, mailed, faxed, or emailed to:
The Records Custodian
1101 Main Street, Benton,
KY 42025
Fax: (270) 527-4795
Email: openrecordsrequest@marshallcountyky.gov
Requests may be submitted via the state’s Office of Attorney General Standardized Open Records Form, or on official letterhead, and be signed by the requesting party, per KRS 61.872. The request may be delivered to the Records Custodian in person, by mail, or via electronic means. The requester should describe the records to be inspected and if the request is submitted for a commercial or noncommercial purpose. The request may be delivered in person, mailed, or sent electronically to:
Department of Criminal Justice Training
ATTN: Denna Brockman, Official Records Custodian
4449 Kit Carson Drive
Richmond, KY 40475
Email: docjtrecords@ky.gov
Fax: (859) 622-8387
Phone: (859) 622-5924
In addition to government agencies, county public records may also be obtained from third-party websites. These non-government platforms come with intuitive tools that allow for expansive searches. Record seekers may either opt to use these tools to search for a specific record or multiple records. Users can search third-party websites remotely for multiple records at a time with just the name of the record subject and their last known location including the city, county, or state. Third-party sites are not sponsored by government agencies. Because of this, record availability and results may vary.
Marshall County Crime Statistics
In Marshall County, crime occurs on average every 10hours 4minutes. According to the Federal Bureau of Investigation’s(FBI) Uniform Crime Reporting(UCR) program report for the year 2020, submitted by the Marshall County Sheriff and captured on the Crime Data Explorer(CDE) platform, the following are crime statistics for Marshall County:
Violent Crimes: 33 Incidents
Other Reported Offences: 35 incidents
Of interest were the types of weapons used for violent crimes and reported as:
Personal Weapons 13
Handgun 6
Other 5
Blunt Object 3
Unknown 2
Violent crimes are inclusive of homicide (murder and nonnegligent manslaughter), rape, robbery, and aggravated assault. Violent crimes involve the use of force or threat of force.
Are Marshall County Criminal Records Public?
Kentucky Open Records Act puts all government records in the state under full disclosure, therefore Marshall County criminal records is be accessible to the public as open records. Criminal records include police reports, arrests, misdemeanor, felony convictions, incarceration records, other convictions, pending criminal cases, and sex offenses(if a person is a registered sex offender). Records that have been expunged after some years; usually after 20years for Kentucky, or arrests that did not lead to conviction may not be included in public criminal records.
How to Obtain Marshall County Police Reports and Arrest Records?
A police report is usually the first entry documented record per an incident or crime as reported by the law enforcement officer that responded to an incident at the time it occurred, with details of the scene of the incident, names of persons, pictures, the site or scene of the incident, witnesses, facts and pieces of evidence, and the general situation at the time of reporting. The police report is heavily relied upon by the judicial system and is the basis on which most cases are built and decided.
Arrest records typically hold information on any arrests made within a particular jurisdiction, whether that arrest leads to a conviction or not. Per arrest records, who was arrested, by what law enforcement, why there was an arrest or the incident that warranted it, pictures, fingerprints and other biographic details of the person arrested are some of the information captured. It also includes details of all the events from the time of arrest as well as charges that have been brought, court dates, and so on. Requests to obtain both the police report and the arrest records can be done via:
Online Request: Individuals can apply directly to the local police department as the official custodian of the records, or the Office of the Sheriff, Marshall County by submitting an Open Request form. The form is available on the county’s website to request any open records by citizens of Marshall county.
In-Person: A requester may visit the County Sheriff’s office and submit a request with an already filled out Open Request Form.
52 Judicial Drive Benton, KY 42025
Phone: (270) 527-3112
Office Hours: 8:00 AM - 4:30 PM weekdays
How to Find Sex Offender Information in Marshall County
Finding information on sex offenders in Marshall county requires that a requester use the state Sex Offender Registry, a public database of individuals convicted of sex crimes in Kentucky. The search can be modified by entering the name and address of a known or suspected sex offender. The database also has a sex offender map, so that members of the county can be informed on sex offenders in the area. The state of Kentucky has promulgated specific laws against rape, sodomy, sexual abuse, and sexual misconduct. Thus any sexual activity by force or without the other person’s consent is a criminal offense. An individual convicted for any of these offenses must register as a sex offender in Kentucky.
How to Find Marshall County Inmate Records
Inmates records are managed by the Department of Corrections, which typically contains information like the inmate’s name, incarceration date, expected release date, convicted offense, and in some cases, photos. Marshall county public information on inmates can be obtained using the online search service managed by the Kentucky Department of Corrections. It allows for parties to perform an inmate search by offender type, location, and conviction information.
Marshall County Court Records
The structure of the Kentucky court system includes the Circuit Courts and District Courts respectively. The Circuit Courts are courts that have jurisdiction over all kinds of cases within the state, but circuit courts typically hear cases that are beyond the jurisdiction of the district courts.
Generally, circuit courts hear criminal cases like felonies, capital crimes, and lesser-included offenses; civil cases including civil cases with more than $5,000 in dispute, exclusive of interest and costs; marriage, adoption, disputes about the title to real estate, contested probate cases and reviews of administrative agency decisions, family court cases like divorce, child custody, child support, paternity, adoption, termination of parental rights, child neglect, child abuse, and domestic violence.
District Court on the other hand has jurisdiction over a limited number of civil and criminal cases. Criminal cases like violations of county or city ordinances, most misdemeanor criminal cases, and preliminary hearings for a felony or capital criminal cases; civil cases including probate matters, reviews of local administrative agency decisions, guardianships, conservatorships, voluntary and involuntary commitments, and cases involving domestic violence, cases with less than $5,000 in dispute, amongst others. Juvenile and Small claims courts are divisions of the district court and handle cases per their jurisdiction along with a limited number of family cases.
Marshall County Circuit Court
Marshall County Judicial Building
80 Judicial Drive, Unit 101
Benton, KY 42025
Phone: (270) 527-3883
Fax: (270) 527-5865
Marshall County District Court
Marshall County Judicial Building
80 Judicial Drive, Unit 101
Benton, KY 42025
Phone: (270) 527-1721
Fax: (270) 527-5865
The circuit and district courts in Marshall County are therefore the Records Custodian of cases under its jurisdiction. The Clerk of Court usually is in charge of these records and can provide access to requesters. Court case records are also known as dockets. Court Records of both Circuit and District Courts in Marshall County can be accessed through an online search service available for all courts in the state. The requester begins a search by selecting the desired county, in this case, Marshall County to display the database of Marshall County case dockets. The Office of the Clerk and Administrative Office of Court for both circuit and district courts can also make available court records requested per provisions of the Open Records Act when requesters visit the courthouses in person.
Are Marshall County Court Records Public?
Court records in Marshall county are public records and available for inspection by the public according to the Open Records Act, excluding records like Juvenile records, Medical Records, and confidential records, which are not available for public access without authorization. This implies that all records are made public records, but some records are made confidential by state statutes or sealed by a judge so that a requester has to obtain authorization from the appropriate quarters to access those records.
How to Obtain Marshall County Civil Court Case Records
Civil Court cases are usually heard both at the Circuit Court and District Court of the county depending upon the nature of the case. Therefore a civil court case record would be made available at the courthouse in which the case was heard. Requesters are to contact
Circuit Court Office of Clerk
Marshall County Judicial Building
80 Judicial Drive Unit 101
Benton, KY 42025
Circuit Court Clerk
Phone Circuit: (270) 527-3883
Phone District: (270) 527-1721
Fax: (270) 527-5865
Payment options: Cash, money order, cashier's check, personal check, credit and debit cards (fee applies). Pay online with ePay.
The request can also be made for older cases online by filling out the required online form on the state records website and submitted by email.
The civil case records can also be accessed and obtained on the Kentucky Court of Justice website.
How to Obtain Marshall County Criminal Court Records
Criminal court records are case files generated in the court during criminal trials. The court where the trials were held is responsible to manage Marshall county criminal court records. To obtain the records. Criminal cases are under the jurisdiction of the Circuit and District Courts. The requester must have a valid case number and case name to place a request. If the information is not known, a requester can use the “Find a Case Portal” on the Court of Justice website to locate the case number, however, the search must be done with the name on the case.
The case records can be obtained by filling out the required online form on the state records website and submitting the request by email. The criminal case records can also be obtained on the Kentucky Court of Justice online platform.
What are Marshall County Vital Records?
The term Vital Records is an umbrella word that covers records that pertain to the life events of members of the public kept by government authorities per state, city, county, or district. The vital records include birth certificates, marriage licenses, separation agreements, divorce certificates, or divorce party and death certificates. Typically the issuing agency of these records has them stored and maintained for future referencing or re-issues.
Marshall County vital records may be obtained from the state’s Office of Vital Statistics (OVS), Health and Family Services. However, it is best to contact the record custodian's office for information on submitting vital record requests beforehand. Records are issued at a non-refundable search fee, as the fee covers the search services only. No photocopies, faxed copies, non-certified copies, or electronic copies of vital records are issued. Requesters must meet eligibility criteria and provide supporting documents via:
Mail-in orders:
Office of Vital Statistics
275 East Main Street, 1 E-A
Frankfort, KY 40621
OVS DropBox:
Visitor entrance of the CHR Building
275 E. Main St., Frankfort, KY 40621
Certificate Purchase Options
Toll free: (800) 241-8322
Divorce Records
These are records of divorce cases filed within the county’s jurisdiction, usually the family court division. Divorce records are not limited to the divorce certificate alone, they include all the hearings during a divorce case. Divorce certificates can be obtained from the state Office of Vital Statistics link while the entire divorce case and ruling can be obtained from the court in which it was heard.
Marriage Records
Marriage records are the records of all marriages recognized by law in Marshall county and conducted by authorized persons, per Kentucky marriage laws. Marriage records originate from the state’s court system and are therefore considered public information. However, only informational records can be issued to the general public like the names of spouses, date, and location of marriage can be provided by the Department of Health. But certified copies are only available to those named on the marriage record, confirm if they are public or confidential, and briefly describe where to obtain them via the Family Court clerk of court or through the Office of Vital Statistics, Cabinet of Health and Family Services.
Birth Records
As with other vital records, birth records are details of births that have taken place in Marshall County and are documented, they are also public records in general. However, for information purposes, a list of births in the county can be provided for inspection which, per Kentucky Vital Records law KRS 213.131 contains the person's name, mother's maiden name, as well as the date and county of birth. A court order must accompany such inspection requests as provided by state laws.
Certified copies of birth records are confidential and can only be released to:
- The person
- Immediate family members
- The legal representatives of such persons
Death Records
Deaths that have occurred in Marshall County are regarded as public records including the date and time of death as well as other vital information on the deceased like the name, parents’ name, and so on.
Public death records contain informational details and are obtainable by interested members of the public from the record custodians. But certified records are only obtainable by:
- The deceased immediate family members
- The legal representatives of such persons
Eligible requesters of the certified copies must provide the fees payable and fulfill ID requirements. The requester fills out the Application Form and submits it in person, via mail, and dropbox to the Office of Vital Statistics for the state.
