Kentucky Arrest Records

Kentucky Arrest Records are legal documents that detail an individual's history of arrests and other law enforcement interactions in the state. These records are considered public information and are available to anyone wishing to view them.

The Kentucky Open Records Act is the law that governs the public's access to arrest records. Although anyone can access these records as they are considered public information, their accessibility is limited.

For example, juvenile arrest records are generally unavailable to the public to protect the minor's privacy. In addition, certain arrest records may be sealed or expunged, meaning they are no longer accessible to the public.

Arrest records in Kentucky contain information about an individual's arrest, including the date and time of the arrest, the charges filed, and the location of the arrest. Additionally, they may contain information about the arresting officer and any court appearances or sentencing resulting from the arrest.

The arrest record may also include an individual's criminal history, depending on the arrest's circumstances.

Note that arrest records and criminal records in Kentucky are not identical. The arrest records are a minor portion of an individual's criminal history and may not always contain information about convictions. Thus, arrest records in Kentucky do not automatically indicate a person committed a crime.

Arrest records in Kentucky are essential for several reasons. They provide information about an individual's criminal history, which can be helpful for employment or housing decisions.

Furthermore, arrest records can be helpful for individuals looking to protect themselves and their communities. By accessing arrest records, individuals can learn about potential threats in their neighborhoods and take steps to ensure their safety. Additionally, law enforcement can use arrest records to identify persistent offenders and develop strategies to prevent future crimes.

What Laws Govern Arrests in Kentucky?

Kentucky has laws governing arrests. It protects citizens' rights while allowing peace officers to carry out their duties effectively.

The primary law that governs arrests in the state is the Kentucky Revised Statutes (KRS) Chapter 431, specifically KRS 431.005. These statutes outline the procedures for arrests with and without a warrant and the rights of individuals arrested. Peace officers and citizens must understand these laws to ensure arrests are lawful and fair.

In Kentucky, a peace officer can arrest a person with a warrant. A warrant is a written order issued by a judge authorizing a peace officer to apprehend a person. The order must specify the person to be arrested and the reason for the arrest. If a peace officer has a warrant, they can arrest a person anytime and anywhere.

In some circumstances, a Kentucky peace officer can arrest without a warrant. One such event is when the peace officer has reasonable grounds or probable cause to believe a person has committed a felony.

Probable cause is a reasonable belief that a person has committed a crime. For example, if a peace officer in Kentucky has probable cause to believe a person is committing child sex trafficking, they can arrest that person without a warrant.

Another circumstance where a peace officer can arrest without a warrant is when the person is committing a misdemeanor in the officer's presence. For example, if a peace officer sees someone promoting prostitution, they can arrest the person without a warrant.

Lastly, a private person in Kentucky may arrest if there's a felony commission and they have probable cause to believe that the subject of the arrest committed it.

What Is the Arrest Booking Process in Kentucky?

In Kentucky, law enforcement officials follow several steps to ensure that an individual is appropriately identified and processed through the criminal justice system after they arrest someone. The arrest booking process is a crucial step in this process.

Below is the arrest booking process in Kentucky:

Identification and Personal Information

The first step in the arrest booking process is identifying the individual and gathering personal information. Law enforcement officials will take the suspect's fingerprints and photographs and record their name, address, and other personal information.

Law enforcement officials enter this information into a database, which can identify the suspect and track their movements throughout the criminal justice system.

Criminal Background Check

The next step in the arrest booking process in Kentucky is to conduct a criminal background check. Law enforcement officials will check for any outstanding warrants or previous criminal records the suspect may have. This information determines whether the individual should be held in custody or released on bail.

Medical Examination

After the suspect's identification and criminal background check, they will undergo a medical examination. Law enforcement officials conduct this examination to ensure the individual's health, document any injuries they may have sustained during the arrest, and rule out any immediate medical attention that may be necessary.

Detention

Law enforcement officials will detain the suspect in a holding cell or jail following the medical examination. Depending on the charge severity, the individual may be held without bail or released on bail until their trial.

Arraignment

During an arraignment, the suspect appears before a judge to receive the charges against them and enter a plea. If the individual pleads guilty, the judge may sentence them immediately. However, if they plead not guilty, the case proceeds to trial.

What Happens After the Booking Process in Kentucky?

Once booked, the individual will go through the criminal justice system. If found guilty, the individual may receive a sentence of jail time, prison time, fines, or community service. On the other hand, if found not guilty, the law enforcement agency will release them.

In some cases, the individual may be eligible for probation. Probation allows the individual to remain in the community while supervised by a probation officer.

What Are Kentucky Mugshot Records?

Law enforcement officials take a photographic portrait of an individual, known as a "police photograph" or mugshot, after arresting and bringing them into custody. Kentucky Arrest Records often include the mugshot, which typically features front and side profile views and serves as documentation and identification.

Kentucky Mugshot Records contain a photograph of the individual, along with their name, date of birth, height, weight, and the arrest date and charges they face.

In Kentucky, mugshots fall under the category of public records and are available for public access, as outlined in the Open Records Act 61.870(2).

One option for accessing Kentucky Mugshot Records is to contact the arresting agency directly. The responsibility of taking mugshots falls on law enforcement agencies such as the local police department, sheriff's office, or a state-level agency such as the Kentucky State Police (KSP). Generally, individuals can typically request mugshot records in person, by phone, or by mail.

Another option for obtaining mugshot records in Kentucky is to search online databases. The Kentucky Offender Search of the Kentucky Department of Corrections (KDOC) is an example of a database that provides mugshot records for individuals arrested and subsequently booked into correctional facilities within the state.

It is important to note that some mugshot records may be exempt from disclosure under certain circumstances, such as if they are part of an ongoing investigation or contain sensitive personal information.

It is also worth noting that having a mugshot doesn't necessarily indicate that an individual has been convicted; law enforcement officials take mugshots of individuals arrested, regardless of whether they have been charged or convicted.

How Long Does an Arrest Record Stay in Kentucky?

Kentucky Arrest Records can be a life-changing event that can have long-lasting effects on a person's life. The time an arrest record remains on file in Kentucky depends on the case's outcome.

If the arrest that created the record did not end in a conviction, it might be subject to automatic deletion after a specific timeframe. After acquittal, the period is typically 30 days.

It means that the arrest record will not appear on the person's criminal history, and they will not have to worry about it affecting their future job prospects or other significant life opportunities.

On the other hand, if the person is guilty of a crime or convicted, the arrest record will remain on file indefinitely. It means law enforcement agencies, employers, and the general public can access these records permanently.

The only way to have it removed is by filing a petition with the court to have the record expunged.

How To Expunge an Arrest Record in Kentucky

In Kentucky, having an arrest record can seriously affect an individual's future employment prospects, housing, and other opportunities. Fortunately, a legal process for expunging or sealing arrest records allows individuals to move forward without the burden of criminal history.

The Clean Slate Kentucky (CSK) of the Department of Public Advocacy (DPA) offers individuals resources to expunge their Kentucky Arrest Records. CSK guides determining eligibility, assists with the application process, and provides training sessions to aid expungement.

Expungement Eligibility in Kentucky

The first step in expunging an arrest record in Kentucky is determining eligibility. If an individual in Kentucky has a dismissed charge or the grand jury did not indict them, they generally meet the eligibility requirements for expungement.

Kentucky automatically processes the expungement of arrest records for individuals who were acquitted or had their cases dismissed with prejudice after July 2020. However, if the court does not grant automatic expungement, they may file for it 60 days after the dismissal or acquittal.

Individuals charged with a misdemeanor for dismissal without prejudice are eligible for expungement after one year, while those accused of a felony become eligible after three years. Moreover, a person charged with a felony in District Court but not indicted within six months can file for arrest record expungement in Kentucky.

If the arrest resulted in a conviction, there are different eligibility requirements.

Individuals convicted of a misdemeanor in Kentucky can apply for expungement of an unlimited number of charges. However, they must typically wait five years after completing their sentence before becoming eligible for expungement.

In Kentucky, it is also possible to expunge an arrest record that resulted in a felony conviction, but only for Class D felonies. Like Kentucky misdemeanor expungement, Class D felonies have a five-year eligibility period.

To find the complete list of eligible Class D felonies, refer to pages 4-5 of the CSK Quick-Reference Guidebook.

Expungement Process in Kentucky

Once eligible, the individual must obtain a copy of their arrest or criminal record. The individual must then complete a petition for expungement and file it with the court in the county where the charges were brought.

When applying for expungement in Kentucky, it's essential to use the correct form provided by the Administrative Office of the Courts (AOC).

For misdemeanor expungement, use the misdemeanor expungement form. For felony expungement, use the felony expungement form.

To file for acquittal, dismissal, or failure to indict expungement, individuals must submit the AOC-497.2 form to the court that filed the charge.

After filing a petition for expungement, the court will schedule a hearing that the petitioner must attend and provide evidence to support their request. It may include proof of rehabilitation, such as completing a treatment program or community service. The prosecutor may also present evidence or objections during the hearing.

Once the court approves the expungement, the individual must send a copy of the order to KSP and other relevant agencies with arrest records. After expunging the record, authorities will remove it from public record and make it inaccessible to potential employers, landlords, or others who may perform background checks.

How To Search Kentucky Arrest Records

To search Kentucky Arrest Records, individuals can contact the KSP or the appropriate law enforcement agency that made the arrest.

Interested parties must typically submit a written request to the Official Record Custodian to obtain KSP records. To request to inspect or obtain a copy of a document, the applicant must sign the application, print their name, and provide a document description. Additionally, the enquirer must provide their complete name, address, and phone number.

After preparing the request paper, aside from contacting the KSP, one can visit this page to ascertain the most current delivery methods.

Conducting background checks to obtain criminal record reports may also provide access to arrest information. The AOC can provide such reports to interested parties. Typically, the report will contain information on arrests, convictions, incarceration, and all arrest warrants issued against the record holder.

The AOC provides access to criminal records online, through the mail, and in person.

To access Kentucky criminal records online, one must use the FastCheck system. To use this portal, one must create an account. The requester can then conduct a name-based criminal background check for a fee.

Another way to request a criminal record is by completing the AOC-RU-004 form and sending it through the mail. The requester must include the payment as a money order or check and then enclose the application packet in a self-addressed, postage-paid envelope and mail it to the address on the form.

Lastly, one can visit the AOC during business hours to obtain a criminal record. It requires payment of a significant fee to fulfill each request. One can pay using a debit or credit card or by check or money order made payable to the Kentucky State Treasurer. Most individuals who request their criminal records in person receive them on the same day.