Harlan County Arrest Records

Peace officers in Harlan County can make an arrest when they witness a criminal action or have reasons to believe one has been committed. Arrests can be made with or without an issued arrest warrant (Kentucky Statute 431.005).

After an arrest, the defendant is transferred to the Harlan County Detention Center, and important information about the arrest is retrieved and recorded by the enforcement agency in charge. This process is known as booking and produces arrest records. A booked individual may be released, granted bail, or held until a court hearing is fixed.

Harlan County arrest records are official evidence of an arrest and documentary reports that detail the events surrounding an arrest. The Sheriff's Office and other local law enforcement agencies maintain Harlan County arrest records. However, when an arrest leads to a criminal proceeding, additional information about such arrests may be obtained from the Harlan County court records managed by the court clerks.

Are Arrest Records Public in Harlan County?

Yes. The Kentucky Open Records Act (KORA) contained in KRS 61.870 to 61.884 authorizes public access to records created by public agencies, including law enforcement bodies. Per this act, residents of Harlan County may request to inspect and copy arrest records maintained by the Sheriff's Office and other police departments in the County.

The right of the public to access arrest records is, however, subject to the limitations and restrictions specified in KRS 61.878. Examples of restricted arrest records include:

• Juvenile arrest records (KRS 610.320)
• Law enforcement agency records that may hinder an active investigation or jeopardize the safety of enforcement agents, victims, witnesses, and the public
• Records whose disclosure will infringe on an individual's privacy rights
• Records tagged confidential by law or the General Assembly
• Records provided to an enforcement agency under confidentiality.

All records that are exempt from public access by law may only be accessed by authorized entities such as the record bearer, certain criminal justice agencies, and parties with a court order or subpoena. To file a subpoena, concerned persons may fill out the appropriate request form and file with the clerk of the court of jurisdiction alongside the required fees.

What Do Public Arrest Records Contain?

In Harlan County, the arrest records provided by the record custodian to the public typically disclose the following information:

• The bio-data of the arrestee: includes a complete name set, gender, age, race, weight, height, and other biological markers
• Name and location of the arresting agency
• The rank, name, and badge number of the arresting officer
• The date, time, and location of the arrest
• A summary of the events leading to the arrest
• The class, type, degree, and nature of the alleged criminal offense
• Mugshots, fingerprints, booking number, and other booking information
• Bail, bond, or release information where applicable
• Warrant information if available(including outstanding warrants).

Harlan County Arrest Statistics

Per the Kentucky State Police's Crime in Kentucky Report for 2023, 5,146 arrests were recorded in Harlan County. The total arrests recorded in 2023 comprised 5,131 adults and 6 juveniles. Group A offenses accounted for 1,991 of the total arrests while Group B offenses recorded 3,155 arrests.

The most prevalent offenses for which arrests were made in Harlan County in 2023 included trespass of real property (2,476), drug offenses (1,129), assaults (426), driving under the influence (297), and drunkenness (184).

Find Harlan County Arrest Records

Interested parties in search of arrest records in Harlan County may visit the Harlan County Sheriff's Office. The Sheriff's Office maintains arrest records created within its jurisdiction and makes them available for public inspection according to the KORA. Record requests can be submitted in person or via US mail using the provided request form, or a handwritten request letter. Interested parties may also explore other online request options provided by the Sheriff's Office.

In-person or mail requests may be delivered to the Sheriff's Office using the following contact information:

Harlan County Sheriff's Office
210 E. Central Street,
Suite 202
Harlan, KY 40831
Phone: (606) 573-1313
Fax: (606) 573-2001

In addition, Harlan County arrest records may also be obtained from other statewide resources such as the Kentucky Online Offender Lookup tool or the Kentucky State Police public record request portal. These search portals usually require a name, date of birth, or ID number to turn out search results.

Free Arrest Record Search in Harlan County

To access arrest records in Harlan County at no cost, interested persons may visit the Sheriff's Office on Weekdays between 8:30am and 4:30pm to review the records in their custody. However, inquirers are to note that requesting copies of the records or additional services may require a fee.

Another alternative for free access to Harlan County arrest records is third-party websites. These independently owned sites collate arrest information from multiple sources and provide them conveniently to users within a short time. However, most of these sites are not totally free of charge as they may require a fee for comprehensive reports. Inquirers should note that information obtained from these sites may be outdated, incomplete, or inaccurate.

How Long Do Arrests Stay on Your Record?

Indefinitely. The Kentucky State laws do not have a provision for the specific retention period of arrest records. In Harlan County, therefore, an arrest record will typically remain permanently on a subject's records unless they apply for an expungement (Kentucky Department of Public Advocacy).

Expunge Harlan County Arrest Records

In Harlan County, record subjects may request for the complete removal of a qualifying arrest record from their criminal history; a process known as expungement. KRS 431.076 governs the expungement process in the Commonwealth of Kentucky.

Persons who were acquitted or had their charges dismissed after July 2020 automatically qualify to have their arrest records expunged at no cost. However, if sixty days from the date of the acquittal/dismissal elapses and the court does not issue an expungement order, concerned persons may file an Acquittal, Dismissal & Failure to Indict Form with the court of jurisdiction for free.

For persons who were convicted of certain eligible misdemeanors or felonies, the first step would be to request an expungement certification in person, online, or via mail from the Kentucky State Police or the Administrative Office of the Courts. The expungement certification costs $40 per copy. Upon receipt of the expungement certification, the applicant can then proceed to file the expungement certificate alongside the appropriate expungement petition with a court of jurisdiction and pay the required fees. Residents of Harlan County may file expungement applications under KRS 431.073, KRS 431.076, or KRS 431.078.

Once an expungement process is completed, the court issues an order directing the relevant law enforcement agencies to delete or extract the affected records from official and public records.

Harlan County Arrest Warrants

According to KRS 456.180, a Harlan County arrest warrant is a formal document issued by a magistrate or judge authorizing the arrest and detention of a named individual for a specified criminal action. For an arrest warrant to be issued under State laws, a peace officer must submit a written affidavit that furnishes the court with adequate evidence and probable cause that a violent crime is about to be or has been committed.

The probable cause must also indicate that issuing a summon to appear instead of an arrest warrant may endanger the life of the enforcement agents or residents of the county. An arrest warrant usually contains the defendant's name/description, the alleged charges, the name/signature of the issuing judge, and an order for the arrest of the subject.

Do Harlan County Arrest Warrants Expire?

Harlan County arrest warrants typically do not expire. Arrest warrants issued by any court of jurisdiction in Harlan County may be executed at any time by law enforcement agencies within the county. Individuals who suspect an arrest warrant has been issued against them must resolve the warrant quickly else a peace officer may arrest them anywhere, anytime.