Kentucky Arrest Records

Over the last few years, Kentucky has witnessed annual arrests ranging from 180,000 to over 250,000 each year. According to the Federal Bureau of Investigation's (FBI) crime data, the average number of arrests made by law enforcement in the Commonwealth yearly is about 170,000. Generally, drug abuse violations account for about 9.8% of Kentucky's annual arrests, while driving under the influence (DUI) is responsible for around 6.0% of the state's arrests. While an estimated 5.6% of Kentucky's annual arrests are for simple assault, aggravated assaults account for about 1.1%, 1.0% for burglary, 0.6% for vandalism, and 3.3% for larceny-theft. Arrests for all other offenses, excluding traffic offenses, account for 65.0% of Kentucky's annual arrests.

At 4,331.59 arrests per 100,000 people, Kentucky currently has the second-highest arrest rate in the United States. This is significantly higher than the national average of 2,181.7 arrests per 100,000 total population. The Commonwealth is bordered by seven states, all of which have lower arrest rates when compared to Kentucky. For instance, the current arrest rates in Indiana, West Virginia, and Missouri are 2,252.54, 2,303.21, and 2,456.11 per 100,000 people, respectively.

What Is an Arrest Under Kentucky Law?

Under Kentucky law, an arrest generally refers to restraining a person or having them submit to the custody of the individual making that arrest. Per Section 431.005 of the Commonwealth's Revised Statutes (KRS), arrests may be made by peace officers or private individuals. In Kentucky, peace officers are certified law enforcement officers under Section 15.380 of the KRS. They typically include the following:

• County, city, and urban-county police officers
• Police officers at the Department of Kentucky State Police
• Public or state university police officers
• Airport safety and security officers
• School resource officers
• Deputy sheriffs, except those identified under Section 70.045 and Section 70.263(3) of the Kentucky Revised Statutes
• Investigators at the Commonwealth's Department of Insurance Fraud Investigation

Typically, law enforcement officers in Kentucky can make arrests with or without warrants. However, as required by state law, any officer making an arrest is required to inform the individual being arrested of their intention to make an arrest and the offense for which they are being charged if there is a reasonable opportunity. Kentucky prohibits the use of excessive force or violence in making an arrest. However, any officer making an arrest has the right and responsibility to search the person being arrested for stolen property, dangerous weapons, and other illegal items that may be used in a trial for the offense charged.

Type of Arrests in Kentucky

Kentucky laws generally permit law enforcement officers to make arrests with or without warrants under varying circumstances. However, probable cause is typically required before a peace officer makes an arrest, although with some exceptions. Under state law, probable cause is the evidence or facts that would make a reasonable individual believe that an offense has been or will be committed and that the person being arrested is involved in such an offense.

Generally, a law enforcement officer must obtain a warrant before making an arrest. Even with an arrest warrant, the arresting officer should be able to demonstrate probable cause for such an arrest. However, there are circumstances when probable cause may not be required to make an arrest. For instance, when evidence of a crime is in bare view, an investigation occurs on an abandoned property, or there is an exigent situation, probable cause may not be necessary to arrest a person. The broad categories of arrests in Kentucky are discussed below.

Warrantless Arrests

These are arrests made by peace officers without obtaining formal arrest warrants from the relevant judges. Warrantless arrests are often allowed in specific situations, typically based on a reasonable conviction that a person has committed or will commit a crime. The main essence of warrantless arrests is to legally authorize law enforcement officers to swing into action and make arrests to prevent crimes. Generally, these types of arrests occur when peace officers witness crimes being committed or when they have probable cause to believe that the subject of an arrest has committed a criminal offense.

Per KRS 431.005, a warrantless arrest may be made generally under several circumstances in Kentucky, including the following:

• A law enforcement officer has probable cause to believe that the individual being arrested has committed a felony.
• A felony was committed in the presence of a peace officer.
• A person commits a misdemeanor in the presence of a law enforcement officer
• A person commits assault in the fourth degree in a hospital premises without the presence of a peace officer if the officer has probable cause to believe that the individual being arrested has committed the offense.
• When an individual operates a boat with negligence or while intoxicated or drugged, causing an accident on the Commonwealth's waters and resulting in property damage or physical injury. The incident does not have to be in the presence of the arresting officer as long as they have probable cause to identify the operator and determine that the operator was intoxicated or under the influence of a drug at the time of the accident.
• A law enforcement officer has probable cause to believe that an individual wantonly or deliberately injured a family member or their fiance or fiancee.

Warrant Arrests

Warrant arrests are generally the types of arrests made with warrants, which are a form of court orders that authorize law enforcement to detain persons charged with certain crimes. In Kentucky, a warrant must be signed by the issuing officer, typically a judge or magistrate, and must include the issuing officer's office title. Also, it should state the county where it was issued and the date it was issued. A typical Kentucky arrest warrant will specify the defendant's name and describe the alleged criminal offense. Where the defendant's or suspect's name is not known, the warrant should contain a description by which the suspect may be identified.

Generally, a warrant directs a law enforcement officer to arrest the person named on the warrant and bring them before the issuing judicial officer or the available judicial officer if the issuing office cannot act. In Kentucky, a peace officer is not required to have the warrant in their possession at the time of making a warrant arrest. However, they are expected to inform the suspect that a warrant was issued for their arrest and tell them the offense charged. If the defendant requests to see the warrant, the arresting officer must show them the warrant (or at least a copy) as quickly as possible.

What Are Kentucky Arrests Records?

Generally, Kentucky arrest records are official documents containing the details of people's arrest history and other interactions with law enforcement agencies within the Commonwealth. They are primarily created by law enforcement following the arrest of individuals for suspected crimes. Arrest records generally are vital in criminal cases, as they play a marked role in ensuing criminal trials. A typical Kentucky arrest record will include the following:

• The location and date of the arrest
• The suspect's personal information, including the name, date of birth, address, phone number, nickname, and Social Security number
• The description of the incident surrounding the arrest in the form of a chronological report of the alleged crime, which is usually gathered from information provided by victims of the suspected crime or first-hand witnesses
• The suspect's physical description, including their weight, height, race, sex, hair color, and other unique characteristics like scars or tattoos
• Details of law enforcement interrogations
• Mugshots/photographs
• Criminal charges filed
• Details of the arresting officer
• Court appearances, if any

Generally, charges that may appear on a person's arrest record in Kentucky include a felony, misdemeanor, or an infraction. A felony is the most serious offense type in Kentucky. While a misdemeanor is less severe than a felony, it is more serious than an infraction. Kentucky arrest records are typically maintained by law enforcement agencies responsible for such arrests within the Commonwealth, including the county sheriff's offices and local police departments. They may also be held at the courts. Kentucky arrest records are important for various reasons. For instance, they may be useful in making housing or employment contracts/decisions because they hold information about people's criminal history. Also, access to arrest records may help the people in a particular community learn about potential threats around them, prompting them to protect themselves.

Although Kentucky arrest records are a part of the state's criminal records, both records are not the same. While an arrest record is a minute part of a person's criminal history, a criminal record is typically a more comprehensive document detailing a person's entire criminal history. Generally, an arrest record is no proof that an individual indeed committed the crime for which they were arrested. On the other hand, a criminal record typically indicates that the subject of the record committed a criminal offense and will largely include arrests, arrest warrants, complaints, and convictions.

How Can Arrest Records Be Accessed in Kentucky?

Kentucky arrest records are generally considered public records under the Commonwealth's Open Records Act and may be accessed by anyone who wishes to view them or obtain copies. Sometimes, arrest records may also come up during routine background checks. However, certain reports or information in Kentucky arrest records may be limited from public disclosure because of their sensitive nature or by court orders. For instance, records of juvenile arrests, information that could invade a person's privacy in an arrest record, and sealed/expunged arrest records may not be accessed by the general public in the Commonwealth. Only law enforcement agencies or individuals who have obtained court orders to inspect such records may be able to access them.

Publicly available arrest records in the Commonwealth of Kentucky may be accessed from any of the following state or local agencies:

Law Enforcement Agencies

Kentucky arrest records are on file at the arresting local law enforcement agencies' offices, including police departments and county sheriff's offices, and may be accessed by interested individuals. Generally, the records may be accessed in person, by mail, or by phone, depending on the local law enforcement agency's preference. At the state level, interested persons may access records of arrest by contacting the Kentucky State Police (KSP). To request an arrest record from the KSP, submit a written and signed request by mail, fax, email, or in-person to the Official Custodian of Records at:

Kentucky State Police

Public Records Branch

Attn: Records Custodian

1266 Louisville Road

Frankfort, KY

Phone: (502) 782-1873

The requester must print their name and sign on the request and should describe the records sought (arrest record) with specific details, such as the name of the record subject, location of the arrest, and date of the arrest. They should also include their phone number and address in their request. While it is not required, anyone submitting an open records request, such as an arrest record request, to the KSP may adopt the 2021 Standardized Open Records Request Form. Interested individuals may also submit their arrest records requests to the KSP online using the Open Public Records Web Portal.

Kentucky Administrative Office of the Courts

The Kentucky Administrative Office of the Courts (AOC) maintains criminal history records, which typically include arrest records for individuals convicted of certain crimes. The office makes criminal records available to requesters in person, online, or by mail. For a mail or in-person request, an interested individual should complete the Criminal Records Requests Form (RU-004 Form) and submit it with the required payment and self-addressed envelope by mail or in-person to the AOC at:

Administrative Office of the Courts

1001 Vandalay Drive

Frankfort, KY 40601

Phone: (502) 573-2350

Kentucky arrest records may also be accessed online at a $25 fee by requesting criminal records electronically through the AOC FastCheck One-Time Record Request Portal. The portal facilitates name-based searches, but requesters must provide either the record owner's date of birth or social security number to submit their requests. New users are generally required to first create an account before using the One-Time Record Request Portal. Requests submitted through the AOC FastCheck are generally processed in the order they are received. Requesters are typically notified by email when the requested records are available, which may be viewed for up to 30 days after they are released.

How Long Will an Arrest Report Stay on Your Kentucky Records?

Generally, arrest reports stay indefinitely on a person's record in Kentucky unless they are expunged. In other words, whenever a background check is run on that individual, their arrest records will always show up. However, how long an arrest report stays on file in the Commonwealth generally depends on the outcome of the case for which the arrest was made.

An arrest that did not end in a conviction may be automatically deleted within a specified period, typically about 30 days after acquittal. Consequently, the report of such an arrest will no longer appear on the person's record, and the individual generally will not have to worry about missing important life opportunities, including educational opportunities, future employment prospects, and certain government assistance programs. In Kentucky, if an arrest leads to a conviction, the arrest record will stay on file indefinitely and remain on the individual's records for life unless the person files a petition to have the record expunged.

Can You Expunge Your Arrest Records in Kentucky?

As stated by Clean Slate Kentucky, a person may have their arrest record expunged in the Commonwealth. Generally, an expungement is the legal process by which a charge, an arrest, or a conviction is entirely removed from a person's records. In Kentucky, a person needs to determine their eligibility for expungement before filing a petition to expunge their arrest records. Typically, anyone whose charge was dismissed, found not guilty, or who the grand jury did not indict is eligible for arrest record expungement. The requirements for expungement of a dismissed charge, an acquittal, or failure of the grand jury to indict within 6 months are outlined below:

Dismissal without prejudice

• Felony offense - Arrest record for a felony charge dismissed without prejudice is eligible for expungement after 3 years.
• Misdemeanor offense - Arrest record for a misdemeanor charge dismissed without prejudice qualifies for expungement after 1 year.

Failure to indict

• A felony charge for a person not indicted by the grand jury after 6 months may be expunged.

Acquittal or Dismissal With Prejudice

• Typically, arrests for any charges acquitted or dismissed without prejudice in Kentucky after July 2020 are automatically expunged. However, a defendant may file for expungement if not automatically granted after 60 days from acquittal/dismissal.

In all these cases, a defendant generally must file the Acquittal, Dismissal, and Failure to Indict Form with the court while ensuring the appropriate reason for filing is checked.

Some felony convictions, especially Class D felonies, including the arrest records in such convictions, are eligible for expungement in Kentucky. However, 5 years must have passed since the completion of the sentence, including probation and payment of fines. Anyone filing for expungement of a felony conviction in the Commonwealth should use the Felony Expungement Form.

Misdemeanor convictions are also eligible for expungement in the Commonwealth of Kentucky. However, there is a waiting period of 5 years after the completion of a person's sentence for most misdemeanor charges. A misdemeanor charge that may be enhanced for a subsequent offense, such as a misdemeanor DUI, cannot be expunged after 5 years. Generally, the Misdemeanor Expungement Form is required to file for arrest records expungement for misdemeanor charges that led to convictions in Kentucky.

To be able to expunge eligible conviction records (including the arrest reports) in Kentucky, the record owner may not have pending criminal charges or any criminal convictions (felony or misdemeanor) in the past 5 years.

Is Citizen's Arrest Legal in Kentucky?

Yes, citizen's arrest is generally legal in the Commonwealth of Kentucky. A citizen's arrest is the type of arrest made by a private person who suspects another individual has committed or is committing a crime. Per Section 431.005(6) of the Kentucky Revised Statutes, a private individual may make an arrest in the Commonwealth when a felony has been committed, and the arresting private person has probable cause to believe that the suspect has committed the criminal offense. A citizen's arrest is not the same as a false arrest. A false arrest occurs when a person detains another individual or restricts their freedom without having the legal right to do so.

It becomes illegal if a private person makes a citizen's arrest in Kentucky and the suspect did not commit a felony. In this situation, the individual making the arrest could face criminal charges for their illegal conduct. After making a citizen's arrest, it is often advised to contact law enforcement immediately to hand over the suspect.

How to Look Up Arrest Warrants in Kentucky

In Kentucky, an arrest warrant is a document or court order authorizing law enforcement to arrest a person suspected of committing a crime. Arrest records are a big part of arrest records for arrests made with warrants. They are typically issued by magistrates or judges once law enforcement officers submit sworn affidavits establishing probable cause that suspects have committed certain crimes.

Places to look up arrest warrants in Kentucky include law enforcement agencies' offices and the local courts, which may be done by mail, in person, or online. Generally, clerks of courts keep copies of arrest warrants issued by magistrates or judges and typically make them available to interested persons upon request. Also, some county sheriff's offices in the Commonwealth maintain online arrest warrant search or lookup systems for anyone who wishes to obtain information about active arrest warrants. Similarly, the Kentucky Office of Homeland Security maintains the eWarrants System that enables authorized personnel to look up statewide arrest warrants.