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Letcher County Arrest Records
Letcher County arrest records refer to legal documents that contain details of interactions between an individual and law enforcement agencies within the county. These interactions are limited to instances of arrests and detention of the individual. Arrest records are created when peace officers execute arrests pursuant to an arrest warrant. This warrant is issued by a judge or magistrate, and it names an individual who is reasonably suspected to be guilty of an offense. It is issued with a directive or order to law enforcement officers to arrest the named individual for the offense. A peace officer who has probable cause for a violent felony or has witnessed the commission of a crime can also execute an arrest without a warrant. Letcher County arrest records generally include the arrestee’s details like age, gender, mugshot, and names, as well as the incident report and arrest details like the date, time, and location of the arrest.
Letcher County arrest records are maintained by the County Sheriff’s Office with the support of local police departments. For cases that were charged in court, the public can obtain arrest records through the Letcher County court records. These refer to documents from the arraignment where the incident report and other arrest details are present. These records are not proof of guilt because they contain details of alleged offenses and no convictions. Individuals who are arrested and detained in Letcher County are usually held at the Letcher County Jail in Whitesburg.
Are Arrest Records Public in Letcher County?
Yes, arrest records in Letcher County are public and open records as described by the Kentucky Open Records Act (Kentucky Revised Statutes 61.870 to 61.884). According to this law, the public can access basic and informational details such as the incident date, time, and location, the detainee’s name, age, gender, occupation, as well as the alleged offense. Other publicly accessible arrest information includes the offender’s mugshots and custody status. This law also provides for exemptions in cases where the arrest records are sensitive or private. This can be because of personal identifiers such as social security numbers or home addresses. These restrictions include details from active investigations, victim information, juvenile records, and medical records. Accessing these restricted records will require a valid ID and proof of authorized access, along with the records request. The sheriff’s office is open to the public at:
Letcher County Sheriff’s Office
158 Court Street
Whitesburg, Kentucky 41858
(609) 633-2929 - General inquiries
(609) 633-4199 - Dispatch
Letcher County Arrest Statistics
Letcher County arrest statistics are available through the sheriff’s office or a local police department. They are also accessible online through the FBI UCR’s national database for arrests and crimes. According to this website, there were 290 total arrests recorded by the Letcher County Sheriff’s Office in 2024. This includes 250 arrests for all other offenses, 34 arrests for nonviolent family offenses, as well as two arrests for disorderly conduct, driving under the influence, and drug/narcotic offenses, respectively. The county recorded no arrests for simple assault, aggravated assault, arson, robbery, homicide offenses, larceny, or sex offenses.
Find Letcher County Arrest Records
Letcher County arrest records are public records obtainable through the sheriff’s office or the courts. The public can approach the relevant government agency with a records request for physical submission. Records requests can also be mailed to the relevant agency with a self-addressed stamped envelope, which ensures a return of the requested records. The public can also access arrest records online through the state’s Kentucky Offender Search website. This allows the public to search statewide inmate lists using the offender’s full name. The Office of Circuit Clerk in the county will provide access to court records containing arrest information. Online access to these court records is also available through the county’s Records website. The Trial Court Docket website also provides statewide access to court trial records, which include Letcher County court records.
Letcher County Arrest Records Vs. Criminal Records
Letcher County criminal records refer to documents that provide an individual’s criminal charges and convictions. Criminal records contain details of an individual’s interaction with the criminal justice system. It represents the person’s complete history of offenses and time served, while arrest records refer to documents from the county jail and law enforcement agencies about detainees and the reason for their detention. They are limited to the details of arrests, such as the date, time, and location, as well as the alleged offenses and the detainee’s booking details and description. Arrest records represent a part of criminal records that focuses on the detention of the offender. Criminal records further contain details of court trials, evidence exhibits, convictions, and sentencing. Unlike arrest records, criminal records are useful for confirming a person’s guilt or liability for an offense.
How Long Do Arrests Stay on Your Record?
In Letcher County, arrests will remain on your public profile indefinitely. When an arrest is executed, the details go into the law enforcement’s system and will require legal steps to remove or seal them. There are no guidelines or regulations for automatic removal or sealing after a period of time. Arrest records may be subject to automatic removal in cases where there was no conviction. However, in all situations, a petition must be filed with the court to request the removal of arrests from your records. While cases with no convictions are automatically eligible, convictions will require a waiting period of 3 years for felonies or 1 year for misdemeanors.
Letcher County Arrest Warrants
Letcher County arrest warrants refer to legal documents issued by a judge or magistrate and used for executing lawful arrests. This document is issued by a judicial officer to peace officers to order the detention of a named individual for the commission of a named offense. This document is issued when the prosecution can provide enough evidence to reasonably believe the suspect is liable for the crime. It can be issued to freshly produce a suspect for trial or arraignment or as a bench warrant to arrest and produce a defendant who absconds from trial. Arrest warrants are public records. They are maintained by the Letcher County sheriff’s office and the courts, where arraignment documents and bench warrants can be accessed. Arrest warrants generally contain publicly accessible details like the name and physical description of the alleged offender, the alleged offense, the violated statutes, the judge’s signature, and the arresting or investigating agency.
Do Letcher County Arrest Warrants Expire?
No, Letcher County arrest warrants do not expire due to the passage of time. When arrest warrants are signed, they become active and can be executed at any time. However, they can be recalled and cancelled by a court or judge. The effect of statutes of limitations on arrest warrants can also make them unnecessary and inactive. This is because the time allowed for prosecution of a statute-barred charge has expired, and the arrest will be of no use. In such cases, the court may grant an extension of time to file the charge, after which the warrant can be executed.
Expunge Letcher County Arrest Records
Letcher County arrest records can be restricted from public access or view according to Kentucky law. The process of expungement is allowed in Letcher County for removing records from public archives. When an arrest is expunged in the county, the original judgment is vacated, and the records will not appear in any official background checks. This process is available to individuals who meet the eligibility requirements. Automatic expungement is available in cases where there was a dismissal with prejudice, and it will take effect after 30 days. In cases of dismissal without prejudice, there is a 1-year waiting period for misdemeanors or 3 years for felonies. If there was a conviction, there is a 5-year waiting period for misdemeanors and low-level felonies, such as Class D felony convictions. However, only the Class D felonies listed in Kentucky Revised Statutes § 431.073 are eligible for expungement in Letcher County, and offenders are allowed one felony record expungement in a lifetime. Individuals who meet the requirements can begin by:
- Obtaining the expungement certification from the Administrative Office of the Courts for $40. This certificate is valid for 30 days.
- Fill out the petition form: Form AOC-497.2 for nonconvictions, Form AOC-496.3 for misdemeanors at $100 per case, or Form AOC-496.3 for felonies, which costs $350 expungement fee plus a filing fee of $50.
- File the petition with the County Circuit Court Clerk and await the prosecutor’s review.
- The prosecutor has 60 days from receiving copies of the petition to object to the expungement. If no objection, there will be no need for a hearing.
- If the expungement is granted, the judge will sign the order, and it will be sent to the relevant criminal justice agencies to update their records.