Kentucky Criminal Court Records

Kentucky Criminal court records are the official documents of a criminal court case. They are primarily generated to record the events of a case, including the evidence provided, the legal arguments made, and the court's decision. A criminal court case record often consists of the following: criminal citations, plea agreements, motions, orders, evidence, memos, dockets, video recordings, and transcripts.

The primary custodians of Kentucky criminal records are the record divisions of the criminal courts. Every court in Kentucky has dedicated clerks whose sole duty is to manage and maintain criminal court records while providing channels for the public to inspect, access, and view these documents.

Are Criminal Court Records Public in Kentucky?

Yes, criminal court records produced by courts in Kentucky are public records per the Kentucky Open Records Act (KRS 61.870(1)(e)). The Act requires that every court in Kentucky make its records available to citizens who are interested in them. However, specific categories of criminal records are exempt from public disclosure due to their sensitive and private nature. Some examples of criminal court records that are exempt from public access include:

• Juvenile criminal court records.
• Criminal court records that are subject to the attorney-client privilege.
• Court documents that reveal the identity of victims of a sexual crime
• Administrative documents from a criminal court proceeding.
• Law enforcement investigative reports that are part of criminal court records

What Criminal Court Records Contain in Kentucky

Criminal court records issued by courts in Kentucky usually include the following information:

• The full names of the parties in the case
• The case ID (case number)
• Case title
• The contact of the court clerk in charge of the case
• The name of the presiding judge.
• The charges against the accused person.
• The scheduled hearing calendar (show cause, arraignment,pre-trial hearing, first appearance date).
• Motions
• Sentencing orders

Kentucky Criminal Court Records Search

Anyone can search for Kentucky criminal court records through statewide online portals, public access computer kiosks located at courthouses, or by submitting in-person requests to the county clerk's offices. Each channel to request a Kentucky criminal court record is unique in its procedure, but will permit access to the same types of records. Requesters can choose the channel they prefer based on proximity and the urgency of their need for the record.

Statewide Online Case Portals

In Kentucky, statewide searches for criminal records can be done online through the Kentucky Courts of Justice portal or the Kentucky Appellate Courts portal. Inquirers may look up information on any criminal court case handled by the Kentucky justice system. They can be searched by inputting keywords related to the needed court document, some of which include:

• The case number
• The names of persons named in the case
• The party's driver's license
• The citation number (for traffic offenses)

Court House Computer Terminals

Every court in Kentucky maintains a database that can be accessed through terminals at the county courthouse. The documents on these terminals are specific to the county. Individuals can use these terminals to access case dockets and information on any criminal case in the state of Kentucky.

In-Person Searches at Clerk's Offices

Citizens can also request criminal court records in person by visiting the court clerk's office to make written and verbal requests. In-person requests are processed the fastest, and individuals can receive the records they requested on the same day.

Free Access to Criminal Court Records in Kentucky

In Kentucky, criminal court records are available for free public access. However, the information provided by court records, which can be accessed online at no cost, is usually limited. A free criminal court record search using any of Kentucky's statewide portals will only reveal case summaries, docket details, and basic information about the case, including the hearing schedule. Individuals must pay a small fee for more detailed information about case records.

Record seekers can also request fee waivers if they are found innocent of the charges for which they are tried or if they can prove that accessing the records will be of public interest. However, criminal court records from cases where the individual was convicted cannot be accessed for free in Kentucky.

Sealing and Expungement of Criminal Court Records in Kentucky

Sealing and expungement are legal processes in Kentucky that people can use to make their records inaccessible to the general public. The primary objective of expungement and sealing is to minimize the impact of criminal records on adult and juvenile defendants, especially when it is clear that their criminal history is no longer relevant.

Expungement in Kentucky is the complete removal of a person's criminal record from any public domain. It involves completely deleting a person's criminal records from all custodians' databases, ensuring they cannot be accessed during a background check. When a criminal record is expunged, it is as though it never occurred.

In Kentucky, records under seal are not accessible to the general public. Rather, only those directly interested in the record-such as the individuals identified and their legal representatives-can often access sealed records. Additionally, records under seal may be accessible to court officials and specific law enforcement organizations. Despite being concealed from the general public, sealed records retain full legal ramifications, especially when the individual commits a new offense.

How to Seal Criminal Court Records in Kentucky

In Kentucky, criminal records for adults are not sealed. Only incidents involving juvenile offenses and other civil cases have their records sealed, making them confidential. State statutes also place some of these eligible records under seal. These include financial information, trade secrets, information on minors, and personal information about the parties involved.

How to Expunge a Criminal Record in Kentucky

Those who wish to have their criminal court records (charges/cases) removed must first confirm their eligibility through an expungement certification process. Some examples of eligible offenses include:

• Persons who were proven innocent by the court
• If the person was acquitted, the charges or case were dismissed, or the felony charges did not result in an indictment, an expungement certification is not necessary.
• Most misdemeanors and Class D felony convictions are also eligible for expungement, as per KRS 431.073, after a specified waiting period.

Steps to expunge criminal records in Kentucky:

• File a petition: After eligibility has been verified, the first step is to submit a petition to the court where the conviction took place. This petition requires specific details, including the offense, case number, and other relevant information. An attorney can fill this out for the applicant and ensure it is done right the first time.
• Pay filing fees: Depending on the type of expungement, different filing fees may be associated with the process. These fees are usually non-negotiable, though a waiver may be obtained in certain situations.
• Court review, potentially including a hearing on the court's decision: The court will examine the application after it is submitted. The court may schedule a hearing to discuss the request in certain situations. It could be necessary for the petitioner (or their lawyer) to make a case for expungement during the hearing.

Criminal Records in Kentucky vs Court Records

Criminal records in Kentucky are primarily law enforcement records used to document an individual's criminal history, including offenses, non-conviction arrests, convictions, charges, warrants, and sentencing information. A criminal record in Kentucky provides an accurate history of an individual's run-ins with law enforcement. Criminal records can be used to profile the subject of the record in job applications, tenancy agreements, and during criminal proceedings.

In contrast, criminal court records are documents that store information about a legal proceeding in a criminal court. Criminal records from law enforcement are typically added as part of the evidence in a criminal case and thus become part of the criminal court records.

Requesting a Kentucky Criminal History Record

The Kentucky State Police serves as the custodian of criminal history records. They also provide criminal justice information services in Kentucky. The Kentucky State Police Criminal Identification and Records Branch serves as the central hub and repository for criminal history records. The department accepts submissions of crime data from various law enforcement agencies throughout the state through the Uniform Crime Reporting system. It also maintains computerized criminal history records used in statewide background checks. In Kentucky, criminal history records are confidential documents that can only be accessed by select employers, other law enforcement agencies, or the individual to whom the records pertain.

How to Request a Kentucky State Background Check

In Kentucky, background checks are only available to employers, landlords, law enforcement, and authorized agencies, such as immigration and fire services, who can perform a background check on an individual. Individuals who want to view their criminal history can also do so easily.

Individuals requesting a Kentucky state background check can do so using name-based checks or fingerprint-based searches.

To request a name-based search, requesters must download and complete the Kentucky State Police Criminal History Information Review Request form. The form can be submitted in person at any kentucky state police office or through the mail to:

Kentucky State Police

The request fee is $20, which can be paid by a $20 check or money order made payable to the KY State Treasurer.

Similarly, fingerprint-based background checks can be conducted by visiting the Kentucky State Police offices or any authorized IdentoGo live scan location. Fingerprint-based background checks are often faster and produce more accurate information. The fingerprint scan incurs an additional $20 charge.

Active vs Archived Criminal Cases in Kentucky

An active criminal case remains outstanding and has not been closed because the court system has not yet decided on the criminal matter or because all parties are still actively involved. In essence, the case is still pending an appeal or trial. When a court case is active, the documents remain within the court case management system and dockets.

Archived criminal cases have reached a natural conclusion within the judicial system. When a criminal case is inactive, it is registered in the court's database for a retention period specified in the court's schedule. After the retention period has passed, these records are stored in an off-site facility as historical documents. Usually, retrieving archived criminal case records is much more difficult and requires a much longer process than retrieving Active criminal files.