Carter County Arrest Records

Law enforcement agencies in Carter County, Kentucky, are permitted to arrest someone when they have probable cause to believe that the individual has committed a crime, as outlined in Kentucky Revised Statutes § 431.005. Law enforcement agencies may establish probable cause by witnessing criminal activity or finding evidence that ties a suspect to a crime. They may also execute arrest warrants to bring suspects to the justice system.

Offenses ranging from minor misdemeanors to felonies typically result in an arrest and the creation of accompanying documentation known as Carter County arrest records. The Carter County Sheriff's Office is primarily responsible for generating arrest records in the county, along with other local law enforcement agencies such as the Grayson Police Department and the Olive Hill Police Department. These arrest records form essential components of criminal proceedings.

Furthermore, these records may also be integrated into Carter County Court Records, criminal history databases managed by the Kentucky State Police (KSP), and the files maintained by the Commonwealth Attorney’s office.

Are Arrest Records Public in Carter County?

Yes, Kentucky Revised Statutes § 61.870 to 61.884 authorize public access to records created by public agencies, including Carter County arrest records. The law requires law enforcement agencies, such as the Carter County Sheriff’s Office, to provide most records for public inspection, supporting transparency in the functioning of government agencies.

Nevertheless, this Statute outlines specific exceptions that restrict access to particular records to safeguard individual privacy, the integrity of ongoing investigations, or public safety. Records that might fall under these exceptions include those containing private personal details, information that could jeopardize informants or undercover personnel, or records about juveniles. In these instances, records might be entirely confidential or have certain parts removed. Individuals with legitimate reasons, such as the person arrested, their legal representative, or authorized government bodies, can access these restricted records for specific purposes, thus ensuring a balance between public transparency and the necessity for confidentiality.

What Do Public Arrest Records Contain?

Carter County public arrest records document key details about both the arrest and the individual taken into custody. Under Kentucky Revised Statutes § 27A.330, these records generally contain the following information:

• Name of the offender
• Arresting agency
• Date, place, and time of offense
• Charges filed
• Date, time, and place of arrest
• Date of birth
• Gender
• Race
• Ethnic Origin
• Residence address at time of arrest.

Carter County Arrest Statistics

The "Crime in Kentucky" report of Kentucky State Police contains processed arrest statistics from Carter County and the entire Kentucky. According to the latest statistics provided, law enforcement agencies made 1,026 Group-A arrests in Carter County in 2023. Of these, the highest arrest category is "Drug/Narcotic Violations", at 40.8% (419 arrests). This is followed by "Assault Offenses", at 23.3% (239 arrests), and "Larceny/Theft" at 3.9% (40 arrests).

Among the Group-B arrests, which include less serious offenses, "Driving Under the Influence" leads with 186 arrests. "Drunkenness" followed at 68 arrests, and "Trespass of Real Property" at 18 arrests.

Find Carter County Arrest Records

Law enforcement agencies in Kentucky generate and maintain custody of arrest records. As a result, the Kentucky State Police serves as a state-level source for obtaining Carter County arrest records. Individuals seeking these records must submit a written request to the Kentucky State Police Official Custodian of Records. The request should include the requester’s printed name, signature, contact details, and a clear description of the record sought, such as the subject’s name, location, and date of record creation. Requests can be sent by email, fax, mail, or delivered in person to:

Kentucky State Police
919 Versailles Road
Frankfort, KY 40601
Phone: (502) 782-1873
Fax: (502) 573-1636
Email: ksp.openrecords@ky.gov

Requesters may also use the agency’s Open Records Request Form. A fixed fee of ten cents per page applies for copies.

Another way to locate Carter County arrest information involves conducting a background check through the Administrative Office of the Courts (AOC). These background reports generally cover arrests, charges, convictions, incarcerations, and any outstanding warrants.

The AOC provides three ways to access criminal records: online, by mail, or in person. For online searches, users can access records through the FastCheck platform, which charges a non-refundable $25 fee payable by credit card. Individuals wishing to make in-person requests for criminal records in Kentucky should visit the Administrative Office of the Courts. Each request carries a $25 fee, with payment accepted via credit card, money order, or check.

To submit a request by mail, individuals should complete the necessary request form and send it along with a $25 money order or check and a stamped, self-addressed envelope to the Administrative Office of the Courts Records Unit at:

1001 Vandalay Drive
Franklin, KY 40601
Phone: (800) 928-6381

Free Arrest Record Search in Carter County

Individuals looking to access Carter County arrest records at no cost may explore third-party public record websites. Several of these websites aggregate and host arrest records and other public records from various official sources and grant access to some basic searches for free.

How Long Do Arrests Stay on Your Record?

According to the Kentucky Department of Public Advocacy’s Expungement Guidebook, Carter County arrest records remain on an individual’s record indefinitely unless expunged. Even if charges are dismissed or no conviction results, the arrest may appear in background checks. Expungement is the only reliable method to remove these records from public view.

Expunge Carter County Arrest Records

To avoid long-term consequences, individuals may remove certain arrest records from their criminal history through the process of expungement. Records of cases acquitted or dismissed with prejudice after 30 days are eligible for automatic expungement according to Kentucky law, effective July 15, 2020, requiring no action from the defendant. The court notifies the defendant, their attorney, the county attorney, Kentucky State Police, the arresting agency, and relevant correctional facilities. Defendants must inform the court within 60 days if they wish to forward the expungement order to additional agencies, and Kentucky State Police reports the expungement to federal authorities.

For cases not eligible for automatic expungement, individuals can petition the court within 60 days of acquittal or dismissal using the Acquittal, Dismissal & Failure to Indict form, available through the Kentucky Court of Justice. No certificate of eligibility or filing fee is required for dismissals or acquittals. Eligible scenarios include:

• Charges dismissed without prejudice, preventing refiling.
• Acquittals or cases not indicted by a grand jury within six months.

For convictions and related arrests, a certificate of eligibility is required, obtained through the AOC for a $40 fee. Petitions are filed with the Carter County Circuit Court Clerk at 100 E Main St, Grayson, KY 41143. Expungement removes the record from public access, though law enforcement and certain agencies may retain access for official purposes.

Carter County Arrest Warrants

Under Kentucky Revised Statutes § 440.230, judges or magistrates in Carter County issue arrest warrants that authorize law enforcement to take individuals into custody when there is probable cause. Law enforcement agencies may establish probable cause through testimony from witnesses, affidavits, or relevant documents. These warrants usually include the following:

• Defendant’s name
• Alleged charges,
• Date issued,
• The court involved
• The bail amount

However, law enforcement may make warrantless arrests for felonies witnessed directly, as permitted by Kentucky Revised Statutes § 431.005. To get a warrant, an officer must submit a detailed complaint showing clear grounds for probable cause, which a judge then reviews before approving.

Individuals who want to know whether a warrant exists may contact the Carter County Sheriff’s Office or the Circuit Court Clerk’s Office.

Do Carter County Arrest Warrants Expire?

Kentucky law does not place an expiration date on arrest warrants. They remain active until the suspect is apprehended, the court recalls the warrant, or the suspect dies.