Kentucky Criminal Records

According to the recent crime statistics, Kentucky reports a total crime rate of 16.63 per 1,000 residents, with a violent crime rate of approximately 2.14 per 1,000 residents (some of the lowest recorded violent crime rates in the country). Kentucky criminal records are official documents that detail an individual's history of interactions with the state's criminal justice system. These records generally include police reports, arrest records, court proceedings, warrants, charges and indictments, sentencing outcomes, incarceration details, parole or probation statuses, and other documents that, together, provide a complete criminal history profile for the individual.

Multiple governmental entities play a role in creating and maintaining criminal records in Kentucky, including local police departments, sheriff's offices, circuit and district courts, and the Kentucky Department of Corrections. However, the Kentucky State Police serves as the state's primary repository for criminal history information and is charged with compiling, managing, and distributing this information to interested parties upon request.

Are Criminal Records Public in Kentucky?

Criminal records are considered public information under the Kentucky Open Records Act (as outlined in Sections 61.870 - 61.884 of the Kentucky Revised Statutes). This means that these records can typically be inspected and/or copied by interested members of the public. Nevertheless, access to certain criminal records/information may be restricted to protect the privacy or safety of involved parties.

Examples of criminal records that are generally exempt from public disclosure include juvenile records, mental health cases, domestic violence cases, and sealed records. Similarly, records that might reveal the identity of informants or compromise ongoing law enforcement efforts if disclosed prematurely are kept confidential. However, once the related investigation is concluded, these records may become publicly accessible.

How To Look Up Criminal Records in Kentucky?

The Kentucky State Police (KSP) provides access to criminal history record information to interested parties through its Criminal Identification and Records Branch. However, it is important to note that criminal record requests to the KSP generally require the permission/consent of the person named on the record. These requests may be made via two methods: name-based and fingerprint-based background checks.

• Name-based Checks: This option is available for individuals who wish to obtain a copy of their own criminal history record for personal review, as well as members of the public (including organizations) who wish to obtain a person's criminal record for employment, licensing, housing, or other related reasons. Requesters will generally be required to complete and mail an appropriate background check form to the KSP (following the instructions provided in the form). Name-based background checks typically cost $20 per check and are usually processed within 10 business days.
• Fingerprint-based Checks: This option is limited to organizations or agencies that are required to conduct a fingerprint-based background check under state law and involves electronically submitting fingerprints to the KSP through an approved fingerprinting vendor or local law enforcement agency. Fees vary by vendor/law enforcement agency. Note that these fingerprint-based background checks generally include a search of nationwide criminal records held by the FBI.

Contact the KSP at (502) 227-8700 for more information on obtaining official criminal records.

How To Search Kentucky Arrest Records?

Arrest records in Kentucky are primarily generated and maintained by local police departments and county sheriff's offices. Note that state-level agencies that carry out arrests, like the Kentucky State Police, also create and keep records of these arrests. A Kentucky arrest record generally contains essential details about the incident and the person taken into custody, including:

• The person's name, age, and sex
• The date, time, and location of the arrest
• The name of the arresting officer and the law enforcement agency that handled the arrest
• A summary of the alleged offense and arrest circumstances
• Booking information, such as mugshots, fingerprints, and booking ID numbers
• Bail and bond details, where applicable

Law enforcement agencies in Kentucky typically retain copies of their own arrest records, and individuals interested in accessing these records may do so by contacting the relevant agency and submitting an official request for the record, either in person or online (where available). Some counties in Kentucky also provide online access to recent arrest logs, daily booking reports, or searchable databases that may be used to locate arrest information for their respective jurisdictions.

How To Search Kentucky Warrants?

A warrant in Kentucky is a legal document that authorizes law enforcement officials to carry out specific actions, such as making an arrest or conducting a search. These warrants are typically issued by judges, but may also be issued by trial commissioners or any other duly authorized judicial officers. The most commonly issued warrants in the state include:

• Arrest Warrants: These authorize law enforcement to take a person into custody, based on probable cause that they have committed (or were involved in the commission) of a crime.
• Search Warrants: These authorize law enforcement to search a specific location for evidence related to a crime and also to seize items from this location. Search warrants are also issued based on probable cause, meaning there is a reasonable belief that evidence of criminal activity exists at the location being searched.
• Bench Warrants: These direct law enforcement officers to apprehend an individual who fails to appear in court or comply with court orders.

Arrest and bench warrants do not expire and remain valid until executed or formally recalled by the issuing court. In contrast, search warrants in Kentucky must typically be executed within a limited time frame specified by the issuing court, usually within 10 days (from the date of issuance).

You can typically access warrant information in Kentucky by contacting the local sheriff's office, police department, or the clerk of the circuit or district court in the county where the warrant was issued. Some county sheriff's offices also provide online portals that may be used to view warrant information (for their respective jurisdictions). However, it should be noted that active warrant information may not always be available to the general public, especially if disclosure could jeopardize an ongoing investigation or create a safety risk.

Can I Obtain a Kentucky Criminal History Record of Another Person?

The Kentucky State Police (KSP) may process third-party criminal history record requests for specific reasons, such as employment or housing-related background checks. However, these requests must be made with the permission of the person named on the record. Requesters will be required to properly complete and mail an appropriate background check form to the KSP (mailing instructions are provided on the forms) along with a $20 fee, paid via check or money order.

The Kentucky Court of Justice, through its Administrative Office of the Courts (AOC), also allows interested members of the public to request background checks and obtain criminal records on other individuals. These checks may be requested online, by mail, or in person, and provide information on misdemeanor and traffic offenses from the past five years and felonies dating back to 1978. The generated report will typically include details such as the original charges, the county where the case was filed, any amendments to charges, and the final case outcome. Fees and processing times vary by request method. Be aware that if the background check reveals a record, the individual (the record's subject) will be notified about the request, informed of who initiated the search, and also sent a copy of the generated report for their reference.

Inquiries on court-facilitated background checks may be directed to the AOC's Records Unit at (800) 928-6381 or (502) 573-1682.

How To Expunge or Seal Kentucky Criminal Records

Expungement in Kentucky is a legal process that completely removes criminal records from public access, ensuring they no longer appear in background checks or other inquiries. The legal framework for expungements in the state is outlined in Sections 431.073 to 431.079 of the Kentucky Revised Statutes. Per these statutes, expungements are typically available for non-convictions (dismissed or acquitted cases), as well as misdemeanors, violations, traffic infractions, Class D felonies, and pardoned convictions. However, certain offenses, including sex crimes and crimes against children, cannot be expunged.

Non-conviction records (excluding traffic cases) are typically automatically expunged after 30 days. On the other hand, expungements for conviction records must be initiated by the record's subject and generally involve the following steps:

• Determine eligibility. Expungements for conviction records are generally limited to non-felonies, Class D felonies, and fully pardoned offenses. In addition, the person must have completed a stipulated waiting period (of up to five years) after sentence completion and also remained crime-free during this period.
• Obtain an expungement certification. This document confirms expungement eligibility and can be requested from the Kentucky Administrative Office of the Courts (AOC) online or by submitting an Expungement Certification Request Form to the office in person or by mail (the address is provided on the form). Note that there is a $40 fee for this certification.
• File a petition for expungement. The petition must be filed with the court that handled the case (the Kentucky Court of Justice provides access to relevant filing forms on its website). Note that you must include the expungement certification when filing the petition.
• Court review. Once the petition is filed, the court will review it and also notify the state or county attorney, allowing them to object to the expungement; depending on the specifics of the case, a hearing may also be scheduled.
• Court decision. If the petition for expungement is granted, the court will issue an expungement order, instructing all relevant agencies to remove the record from public databases. Once this happens, the person is no longer required to disclose their record on job applications, credit applications, or other official documents. Expungement in Kentucky also restores voting rights for those previously convicted.

It should be noted that even though criminal records in Kentucky are typically cleared through expungement, the state also has a process for record sealing. However, unlike expungements, this process only restricts access to the record, but does not erase it. Record sealing in Kentucky is typically limited to certain marijuana and substance abuse-related offenses (as outlined in Sections 218A.275 and 218A.276 of the Kentucky Revised Statutes) and is generally available for first-time offenders who have completed a treatment or recovery program. After the program, the court reviews the individual's record and may choose to void the conviction and seal the records. Note that this option can only be used once in a lifetime, and the court has full discretion to grant the sealing or impose a jail sentence instead.

What Are the Limitations to Use of Criminal Records for Employment, Licensing, and Housing in Kentucky?

In Kentucky, certain laws (both state and federal) protect individuals with criminal records from discrimination in employment, housing, and professional licensing. These include:

• The Fair Chance Act prohibits federal agencies and contractors from asking about an applicant's criminal history until after making a conditional job offer.
• The Fair Credit Reporting Act requires employers, landlords, and licensing agencies to obtain written consent before conducting third-party background checks and mandates that applicants be notified if an adverse decision is made based on their criminal history.
• The Kentucky Fair Chance Licensing Act prevents licensing boards from automatically denying applicants based on criminal history unless the conviction is directly related to the profession.

Kentucky also adheres to federal guidance from agencies like Guidance from the Equal Employment Opportunity Commission (EEOC) and the Department of Housing and Urban Development (HUD), which restricts blanket policies that automatically disqualify applicants with criminal convictions. In addition, per the state law, individuals with expunged criminal records can legally deny these records on applications, and agencies queried for the record (through a background check) must respond as if the record does not exist.

Can I Access Kentucky Criminal Records for Free Online?

Several private websites claim to offer free access to Kentucky criminal records; however, the information provided by many of these sites is often outdated or inaccurate. To get reliable Kentucky criminal records, it is best to utilize resources provided by the Kentucky State Police, the Kentucky Court of Justice, or trusted, premium platforms that aggregate data from official and reliable sources, like KentuckyPublicRecords.us.