Search Kentucky Arrest Records Online

What is Considered an Arrest in Kentucky?
Are Arrest Records Public in Kentucky?
What are the Types of Arrest Records in Kentucky?
How Long Do Arrests Stay on the Record in Kentucky?
How To Seal or Expunge an Arrest Record in Kentucky?

What is Considered an Arrest in Kentucky?

An arrest in Kentucky is generally defined as the act of taking a person into custody to answer for the commission of a crime. Arrests in the state typically involve a law enforcement officer exercising physical control over a person such that their freedom of movement is restricted and must be supported by probable cause. This means that the arresting officer must reasonably believe (based on supporting facts and circumstances) that the person has committed or is committing a crime. Various actions may lead to an arrest in Kentucky, typically including:

Assault, battery, and domestic violence
Trespassing
Burglary, theft, and shoplifting
Violating a restraining order or any other type of court order
Failure to appear in court for a scheduled hearing
DUIs/DWIs and reckless driving
Public intoxication and disorderly conduct
Possession of illegal drugs or prohibited weapons

Kentucky's arrest laws are outlined in Chapter 431 of the Kentucky Revised Statutes (KRS). This legal framework - which generally details when arrests can be made, who is authorized to make arrests, and the procedures that must be followed - emphasizes certain critical elements of the arrest process in the state:

Custody and Control: an arrest is said to occur in Kentucky once law enforcement takes a person into custody, either through physical restraint or voluntary submission. Once the person is in custody, the arresting officer exercises control and supervision over them, thereby restricting their freedom of movement.
Legal Authority: KRS 431.005 empowers law enforcement to make arrests in obedience to a warrant and also without a warrant under certain circumstances, such as when they witness a crime or have probable cause to believe a crime has been committed. This law also grants private citizens the authority to carry out an arrest if they witness a felony or have probable cause to believe that one has been committed; however, the arrestee must be promptly handed over to law enforcement.
Miranda Rights: in Kentucky (as with all other states), law enforcement officers generally must inform individuals of their Miranda rights during an arrest and before conducting any interrogations. These rights, which were established by the U.S. Supreme Court case Miranda v. Arizona, are a set of warnings letting the arrestee know that:
- They have the right to remain silent
- Anything said can be used in a court of law
- They have the right to consult with an attorney of their choice
- An attorney will be provided if they cannot afford one of their choosing
Restraint and Transportation: per KRS 431.025, law enforcement officers must restrain a person being placed under arrest and are permitted to use reasonable force to do so. Once restrained and placed under custody, the arrested person must be transported to a police station (or other designated detention facility) for further processing.
Booking Process: this process generally begins once the arrestee arrives at the detention facility and includes documenting their details (typically their name and age), taking fingerprints, and photographing them. The charges for which they were arrested are also recorded, and then the arrestee is held pending arraignment or bail.

While Kentuckians sometimes use the terms "arrest" and "detention" interchangeably, they have distinct legal meanings. An arrest occurs when an individual is formally taken into custody, while detention refers to a temporary stop by law enforcement to investigate potential criminal activity. Be aware that even though law enforcement officers only need reasonable suspicion of criminal behavior to detain a person (unlike an arrest, which requires probable cause), a detention may still lead to an arrest. Nonetheless, detentions are typically brief and aim to gather information, such as the person's identity and activities, and the detained individual must be released if no probable cause for further action is found.

What is Unlawful Arrest in Kentucky?

An unlawful arrest in Kentucky generally occurs when an individual is wrongfully restrained or taken into custody without legal justification or following the proper legal requirements and procedures. Several factors may contribute to an unlawful arrest in Kentucky, including:

Lack of Probable Cause: probable cause is a fundamental requirement for any arrest in Kentucky – law enforcement must have sufficient evidence or information to reasonably believe that a crime has been committed and that the person arrested is responsible. Without this, the arrest may be considered unlawful.
Violation of Constitutional Rights: arrests that infringe a person's constitutional rights and protections, such as their Fourth Amendment right protecting them against unreasonable searches and seizures and their Fourth Amendment guaranteeing them equal protection under the law, may be deemed unlawful. This includes arrests based on racial profiling or discrimination.
Arrest Without a Warrant: Kentucky law only allows for warrantless arrests under specific circumstances (as outlined in KRS 431.005), such as when an officer has probable cause to believe a felony has been committed or a restraining order has been violated. If these circumstances are not met, or the arrest procedure deviates from legal requirements, the arrest may be considered unlawful.
Procedural Violations: law enforcement officers must follow strict procedures during an arrest to ensure its legality. These procedures typically include informing the person about to be arrested of the intention to arrest them, the offense for which they are being arrested, and reading them their Miranda rights. Failure to comply with these protocols may lead to an unlawful arrest claim.
Arrest Outside Jurisdiction: in Kentucky, law enforcement officers generally operate within designated jurisdictions and cannot typically make an arrest outside these areas. However, there are certain situations where an officer's arrest powers extend beyond their jurisdiction, such as when they are in "actual pursuit" of a suspect (KRS 431.045) or when they are officially assisting a law enforcement agency in another jurisdiction (KRS 431.007).
Mistaken Identity: arresting the wrong person, whether due to miscommunication, inaccurate witness statements, clerical mistakes, or improper investigations, may lead to unlawful arrest claims.

The legal repercussions of an unlawful arrest may be pretty significant. In many cases, the evidence gathered as a result of the unlawful arrest is ruled inadmissible in court; the charges brought against the individual may also be dismissed. Victims of unlawful arrests may also file civil suits under KRS 446.070 and U.S. Code Title 42, Section 1983 to seek civil remedies, including damages for violations of their constitutional rights. These lawsuits may cover emotional distress, wrongful imprisonment, and any harm resulting from the unlawful arrest. Officers and private parties (where applicable) who carry out an unlawful arrest may also face disciplinary actions, and even unlawful imprisonment criminal charges (KRS 509.020 and 509.030), particularly if the arrest is found to have been made with malicious intent.

Are Arrest Records Public in Kentucky?

Per Kentucky's Open Records Act (as outlined in KRS 61.870 to KRS 61.884), all documents, regardless of their physical form, that are prepared, owned, used, in the possession of, or retained by a public agency are generally considered public records. This includes arrest records, thereby making them generally accessible to the public, except where statutory exemptions apply.

Some publicly accessible information contained in Kentucky arrest records typically include:

The name, age, and sex of the person named on the record
The date, time, and location of the arrest
The name of the arresting officer and law enforcement agency that handled the arrest
Details of the charges that led to the arrest
A brief description of the actual arrest event

While mugshots are generally considered public information in Kentucky, it is illegal to use mugshots obtained from a public agency for commercial purposes if the image will be posted online or in a publication and if a fee will be required to remove it from the website or publication (KRS 61.8746).

Restrictions are also placed on certain arrest records to protect the privacy and/or safety of individuals involved. Some of these arrest records exempt from public disclosure typically include:

Juvenile records
Expunged records
Records that could expose the identity of informants or would affect future law enforcement if the information they contain is released too early. However, these records may be made publicly accessible once the investigation they pertain to is completed.

What are the Types of Arrest Records in Kentucky?

In Kentucky, arrest records are maintained both locally and at the state level by law enforcement agencies, such as city police departments, county sheriff's offices, and the Kentucky State Police. Each of these agencies is responsible for generating and managing arrest records for incidents that occur within their respective jurisdictions and making them accessible to interested parties upon request.

Where are Arrest Records Kept in Kentucky?

Several government agencies in Kentucky keep copies of arrest records. These agencies generally include:

Local Law Enforcement Agencies: county sheriff's offices, city police departments, and relevant local law enforcement agencies keep records of all arrests they handle. These local arrest records typically include the arrestee's personal information, details of the offense, and the name of the arresting officer.
The Kentucky Court of Justice: the Kentucky court system, through its Administrative Office of the Courts, maintains criminal court records, including information related to arrests and broader criminal court documentation like the charges filed and case outcomes.
The Kentucky State Police (KSP): like local law enforcement agencies, the KSP keeps records of all arrests it handles. This agency also maintains a central repository for statewide arrest records and criminal history information known as the Kentucky Criminal Justice Information System (KCJIS); however, this system may only be accessed by authorized parties.
State and Federal Correctional Facilities: the Kentucky Department of Corrections (DOC) and the Federal Bureau of Prisons keep records of individuals whose arrests resulted in a conviction and sentencing to a state or federal correctional facility (located in Kentucky). These records typically include the inmate's name, age, reason for incarceration, incarceration location, sentence length, and anticipated release date; DOC records may also include a photo image of the inmate.
Federal Criminal Justice Agencies: federal agencies, such as the Federal Bureau of Investigation (FBI), also keep records of arrests made in Kentucky; these federal records are particularly relevant in cases involving federal crimes or national security issues.

How To Find Public Arrest Records in Kentucky?

There are several available methods, both online and offline, for finding and obtaining copies of public arrest records in Kentucky. These typically include:

Contacting the Appropriate Law Enforcement Agency: law enforcement agencies, such as city police departments, county sheriff's offices, and the Kentucky State Police, are the primary options for accessing public arrest records in Kentucky. Local agencies typically maintain records of arrests made within their specific jurisdictions, while the Kentucky State Police manages statewide records. Interested parties may request access to these records by contacting the agency that handled the arrest and submitting a formal request; some agencies provide online and mail-in options for doing this. Note that a fee may be required to obtain copies of the required records.
Through the Kentucky Courts: the Kentucky Court of Justice offers several options for obtaining copies of records of criminal court cases (which contain arrest information and other details like the outcome of the case), depending on how old the records are:
- Records up to 15 years old: these may only be obtained by contacting the Office of the Circuit Court Clerk at the county where the case was heard.
- Records 15 – 35 years old: these may be obtained by contacting the Kentucky State Records Center at (502) 564-3617 or completing and submitting a Records Request Form to the center via email. Requestors must provide a case and locator number for the required records (these numbers can be gotten from the Office of the Circuit Court Clerk in the county where the case was handled)
- Records 36 years and older: copies of these records may be obtained by contacting the Kentucky Department for Libraries and Archives via email or by calling (502) 564-1787.

The Kentucky Court of Justice also allows interested members of the public to perform background checks through its Administrative Office of the Courts (AOC). These background checks may be requested in person, via mail, or online; generated reports contain information like the original charge filed against the individual, the county where the case was filed, amendments to the original charge (if any), and the outcome (of the case). Background checks facilitated through the AOC return information on misdemeanor and traffic offenses for at least the last five years and felonies dating back to 1978. However, it should be noted that the individual "checked" will receive a notification if a record is found, informing them of who requested a background check on them; they will also be sent a copy of the record generated. Be aware that the payment of a fee is also required to obtain criminal court records (or perform background checks) through the Kentucky courts – these fees vary by location and the preferred request method.

Using a Third-Party Website: third-party websites like RecordsFinder that generally allow users to perform name- or location-based searches are another option for accessing and obtaining copies of public Kentucky arrest records. Note that most third-party websites that offer these services are not government-affiliated; as such, they may not always provide the most up-to-date information.

How Long Do Arrests Stay on the Record in Kentucky?

In Kentucky, arrests typically remain on a person's record indefinitely unless the person takes steps to have them expunged – doing this removes the arrest from the record. While individuals are typically required to take proactive actions to get their records expunged, cases that were acquitted or dismissed with prejudice (excluding traffic cases) are typically automatically expunged after 30 days.

How To Seal or Expunge an Arrest Record in Kentucky?

Getting a record expunged in Kentucky is a legal process that completely removes an arrest, charge, or conviction from public access. This differs from sealing, which limits access to the record but does not erase it; sealing is usually done for certain marijuana and substance abuse-related offenses (KRS 218A.275 and KRS 218A.276).

The expungement process in Kentucky is governed by KRS 431.073 to KRS 431.079. Per this law, non-convictions, misdemeanors, violations, and traffic infractions may be expunged. However, sex offenses and crimes against children are generally ineligible for expungement. Most Class D felony convictions may also be expunged, and individuals who have received a full pardon for a felony conviction, regardless of the class, may also apply to get the record expunged.

At least five years must have passed since the completion of the sentence or probation/parole (whichever occurs later) before a person may apply to get their record expunged. They must also have remained crime-free during this period. The five-year minimum waiting period may be reduced to between 30 days to three years for certain cases that were acquitted, dismissed, or not indicted.

Individuals seeking to expunge their records must first obtain an expungement certification certifying their eligibility to have the record expunged. This certification costs $40 and may be requested from the Kentucky Administrative Office of the Courts in person, online (registration is required for this option), or by mailing a completed request form to the office. Once the certification has been obtained, it must be filed at the circuit court where the case was held, along with the appropriate petition for expungement request form -

Once these documents have been submitted and the stipulated filing fees paid, the court will typically notify the state or county attorney that prosecuted the case and may schedule a hearing, depending on the specific circumstances surrounding the case.

If the petition is granted, the records will be removed from all public databases, meaning they will not appear in official state background checks and may no longer be accessed by the public. Any agencies queried about the record must respond as if it does not exist, and the person whose record has been expunged does not need to disclose the existence of the expunged record on applications for employment, credit, or any other type of application. Getting a record expunged in Kentucky also restores the person's right to vote.