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Kentucky Court Records & Case Lookup
The Kentucky Court of Justice (KCOJ) typically handles between 700,000 to 800,000 new cases annually. About 344,000 of these are criminal cases and 204,000 are civil cases, representing 42 percent and 25 percent, respectively, of the state's total caseload. Approximately 163,000 traffic cases, 61,000 domestic relations cases, and 30,600 juvenile cases are also filed in Kentucky courts every year.
Kentucky's Open Records Act (outlined in KRS 61.870 to KRS 61.884) grants interested members of the public the right to inspect and copy records prepared, owned, used, in the possession of, or retained by public agencies in the state, including the judiciary. To this end, anyone may access most court records in Kentucky, except where a statutory exemption applies. Examples of Kentucky court records considered exempt from public disclosure include juvenile records, sealed records, mental health records, and certain information in criminal records (usually involving sexual assault).
Kentucky court records are generally managed by Circuit Court Clerks and can be accessed through the office of the clerk in the county where the case was filed. The Kentucky Court of Justice also maintains a centralized database (the KYeCourts platform) through which these records may be accessed online.
State of Kentucky Court System
The Kentucky Court of Justice is a four-tiered court system that consists of a Supreme Court, a Court of Appeals, Circuit Courts, and District Courts.
Cases are typically filed in either a District or a Circuit Court, where they are tried before a jury and/or judge. Most times, the case is resolved at this level and does not proceed any further. However, parties who are unsatisfied with the outcome of their case may file an appeal with the Court of Appeals to review the correctness of the trial court's decision. Decisions reached in this court may be further appealed to the Supreme Court, which is the highest court in Kentucky's court system and the final interpreter of state law. The Supreme Court is also responsible for establishing the rules and procedures for practicing law in Kentucky.
Kentucky Trial Courts
Most legal cases in Kentucky begin in a trial court. These courts are grouped into two main categories – general jurisdiction courts that handle a wide range of cases, and limited jurisdiction courts that are only authorized to handle specific types of cases:
Kentucky Circuit Courts
The Circuit Courts are Kentucky's highest trial courts. These courts have general jurisdiction over all criminal and civil matters filed with the Kentucky Court of Justice but typically handle civil matters involving more than $5,000, land dispute title cases, contested probate cases, capital offenses, and felonies. The Circuit Courts may also hear initial appeals from District Courts and administrative agencies before the matter proceeds to the state's Court of Appeals.
Kentucky Family Courts
Family Courts in Kentucky are specialized divisions of the Circuit Courts that exclusively handle cases involving families and children. These include matters involving child custody, visitation, and support, dissolution of marriage, adoptions, and termination of paternal rights. The Family Courts also share jurisdiction with District Courts over certain matters like domestic violence and abuse, dependency, neglect, and abuse, juvenile status offenses, and proceedings involving the Uniform Act on Paternity and the Uniform Interstate Family Support Act.
Kentucky District Courts
Kentucky's District Courts are limited jurisdiction courts that handle misdemeanors, traffic offenses, ordinance violations, civil matters that do not exceed $5,000 (including small claims of up to $2,500), and probate cases. These courts also handle arraignments and felony probable cause hearings, juvenile matters, voluntary and involuntary mental commitments, and cases relating to domestic violence and abuse.
The Kentucky Business Court
The Kentucky Business Court is a specialized court docket that focuses on complex commercial cases and offers litigants involved in these cases specialized attention aimed at improving overall court efficiency.
What are the Specialty Courts in Kentucky?
In addition to its trial courts, the Kentucky Court of Justice operates several Specialty Courts that offer participants a therapeutic alternative to incarceration. These courts focus on addressing the underlying causes of criminal behavior, with an emphasis on the rehabilitation, recovery, and reduction of recidivism among participants.
There are currently three types of Specialty Courts in the Kentucky court system:
- Drug Courts: these courts target individuals with substance abuse disorders who have been charged with a non-violent offense.
- Mental Health Courts: these courts focus on certain offenders with mental health conditions.
- Veteran's Courts: these courts focus on veterans who have been charged with a non-violent offense and are struggling with trauma, substance abuse, and/or mental health issues.
Kentucky State Court Records vs. Federal Court Records
Court records in Kentucky generally refer to documents detailing court proceedings and other related activities that occur within Kentucky. However, there is a distinction between state court records and federal court records. State court records are generated by the different courts in the Kentucky Court of Justice and cover a broad scope of matters, ranging from traffic violations and arraignment hearings to divorce proceedings and probate cases.
On the other hand, federal courts are created and maintained by the federal trial courts located in Kentucky – the United States District Court for the Eastern District of Kentucky and the United States District Court for the Western District of Kentucky. These types of court records typically detail cases involving federal laws and constitutional issues.
Kentucky state and federal records are maintained separately; however, they can both be accessed online, albeit via separate platforms. Federal court records may be accessed via the Public Access to Court Records (PACER) database maintained by the Administrative Office of the U.S. Courts on behalf of the federal Judiciary. Kentucky state court records can equally be accessed online via the Kentucky Court of Justice's KYeCourts platform; these records may also be accessed offline by contacting the Circuit Court Clerk in the county where the case was filed.
What Are Public and Non-Public Court Records in Kentucky?
In Kentucky, court records can generally be accessed by any interested member of the public per the state's Open Records Act. However, certain court records are restricted to protect the privacy of the parties involved or to maintain the integrity of judicial proceedings. Access to these restricted records is usually limited to authorized parties, including the person named on the record and individuals with a valid court order that grants them access to the record in question.
Below are common public court records and those restricted from public access in Kentucky:
| Public Court Records | Non-Public Court Records/Redacted Information |
|---|---|
| Criminal court records | Juvenile records, expunged records, records depicting images or videos of certain criminal acts, including murder and sexual assault |
| Civil case records | Trade secrets, social security numbers, sensitive financial account numbers |
| Family law/Domestic relations records | Adoption records, certain information on domestic violence and child abuse victims |
| Probate records | Mental health records |
| Court orders, docket sheets, jury verdicts, sentencing orders | Records sealed under court order |
How To Seal or Expunge Kentucky Court Records
Individuals in Kentucky have the option of limiting access to certain records (in their name) by having the record expunged. This is a legal process that completely removes an arrest, charge, or conviction from the record, making it inaccessible to the public. Once this is done, the person does not have to disclose the expunged information on any applications. Expungement in Kentucky also restores a person's right to vote.
Kentucky Revised Statutes (KRS) Sections 431.073 to 431.079 provide the legal framework for record expungements in the state. Per this law, expungements may either be done automatically (usually for non-conviction records) or by petitioning the court that handled the case.
Most violations, traffic infractions, misdemeanors, and Class D felonies can be expunged in Kentucky. Individuals who have had their convictions fully pardoned by the governor (regardless of the offense class) can also petition the court to get their record expunged. However, sex offenses and crimes against children are generally ineligible for the expungement process.
How To Seal Court Records in Kentucky
Court records in Kentucky are typically cleared via expungement. However, per KRS 218A.275 and KRS 218A.276, certain marijuana and substance abuse-related offenses may be sealed. It should be noted that record sealing only limits access to the record but does not completely erase it (like expungement).
The record-sealing process is generally limited to first-time offenders who have completed a treatment or recovery program. Upon successful completion of the program, the court usually reviews the offender's records and may choose to void the conviction and order that the records of the offense be sealed. It should be noted that this can only be done once in the person's lifetime. Also, the court has the discretion on whether to apply this process (treatment, voiding, and sealing) or impose a jail sentence for the offense.
How To Expunge Court Records in Kentucky
Records of cases in Kentucky that were either acquitted or dismissed with prejudice (meaning that the case cannot be refiled) are automatically expunged within 30 days (except for traffic cases). This expungement does not require any action on the part of the person named on the record. However, the expungement orders for these types of expungements are typically distributed to specific parties, including the individual, their attorney, the county or state attorney, the arresting agency, the local jail, and the Kentucky State Police. Individuals who need this order sent to any other party must notify the court within 60 days of the expungement.
To expunge other types of records, the involved individual must petition the court. This process involves certain steps, including:
- Determining Eligibility: the petition-based expungement process is generally limited to non-felony convictions, Class D felony convictions, and fully pardoned offenses (note that offenses and crimes against children are generally deemed ineligible for expungement). The person must also wait for a specified period after completing their sentence before applying for the expungement – this mandatory period may be up to five years, depending on the type/nature of the offense.
- Obtaining an Expungement Certification: this document certifies the individual's eligibility to have their record expunged. The expungement certification costs $40 and can be obtained from the Kentucky Administrative Office of the Courts online, in person, or by completing and mailing an Expungement Certification Request Form to the office.
- Filing a Petition for Expungement: Once the expungement certification has been obtained, the next step to take is filing an expungement petition at the court that handled the case. Petition forms are typically available at the court and can also be accessed online via the Kentucky Court of Justice's Legal Forms webpage. Note that the expungement certification must be filed with the petition.
Once these steps have been completed, the court will review the petition and notify the county or state attorney. A hearing may also be scheduled (however, this is largely determined by the specific circumstances surrounding the case). If the petition is granted, then the court will issue an order for expungement. This instructs all relevant agencies to remove the record from their databases and to respond to any queries concerning the record that it (the record in question) does not exist.
How Do You Access State of Kentucky Court Records?
Kentucky court records can be accessed online via a state-provided platform, and also in person through the Circuit Court Clerk in the county where the case was handled.
Online Access to Kentucky Court Records
The Kentucky Court of Justice maintains a KYeCourts portal that can be used to access court records online at no cost. Searches can be performed on this platform by case number, party/business involved, or citation. Interested parties may also order criminal record reports through this portal; however, a fee will be charged for this service.
In-Person Access to State of Kentucky Court Records
Copies of Kentucky court records are typically available at the Circuit Court Clerk's Office in the county where the case was handled and can be accessed by visiting this office. While the specific procedure for these in-person requests may vary by county, requesters are generally required to submit a formal, written application for the record and pay a search/copy fee. Nonetheless, it is advisable to contact the Circuit Court Clerk's office beforehand to find out their specific requirements for accessing court records in person.
How To Request Judicial Administrative Records
Members of the public who wish to access judicial administrative records in Kentucky may do so by submitting an open records request to the state's Administrative Office of the Courts (AOC) via email.
The request must specifically describe the record(s) of interest and must include identifiers and other pertinent information to enable the record custodian to locate the record(s). The AOC typically responds to open records requests within three business days.
How To Access Older and Archived Court Records in Kentucky
Older court records in Kentucky are maintained by several custodians, depending on the age of the record:
- Court Records up to 15 Years Old: trial court records that are not more than 15 years old are maintained by Circuit Court Clerks and can be accessed by contacting the appropriate clerk's office. Similarly, appellate court records within this age range may be accessed by contacting either the Court of Appeals Clerk or the Supreme Court Clerk, whichever is applicable.
- Court Records 15 – 35 years Old: records in this age range are maintained by the Kentucky State Records Center and can be accessed by calling (502) 564-3617 or submitting a Records Request Form to the center via email. Requesters must provide the center with a case and locator number for the required records (this information can be obtained from the Circuit Court Clerk in the county where the case was handled).
- Court Records 36 Years and Older: these records are maintained by the Kentucky Department for Libraries and Archives and may be accessed by contacting this department at (502) 564-1787 or via email.