Montgomery County Arrest Records

Police officers in Montgomery County are permitted by law to arrest people in obedience to arrest warrants. Still, they can perform arrests without warrants when they witness crimes or have probable cause to believe individuals have broken specific laws.

Once an officer makes an arrest and takes an individual into custody in Montgomery, they are mandated by law to create an account of the incident, which includes the arrestee's name, arrest date, alleged offense, etc. These details may be incorporated into the Montgomery County court records when a suspect appears before a judge.

Members of the public rely on these records to locate recently arrested persons, facilitate bail, and research Montgomery County crime trends. Subjects of records also look up their records when deciding whether they qualify for expungement and during criminal defense processes.

Are Arrest Records Public in Montgomery County?

Yes, Montgomery County arrest records are open to members of the public per the Kentucky Open Records Act. However, there are provisions within the act and in other state laws that prevent public access to confidential information, including:

• Information that may threaten public safety
• Information related to active law enforcement investigations
• Sealed arrest records
• Juvenile arrest records
• Records that may expose sensitive information, such as social security numbers and medical records

What Do Public Arrest Records Contain?

Members of the public can access the following arrest records in Montgomery County:

• Name and physical description of the arrested individual
• Arrestee's photograph
• Charges
• Arrest date
• Booking information (date and number)
• Arresting agency
• Arresting officer
• Court appearance dates
• Bail type and amount

Montgomery County Arrest Statistics

The Kentucky State Police releases annual crime reports that capture arrests recorded by various county law enforcement agencies across the state. According to the 2023 report, 2,457 arrests were made in Montgomery County in 2023. Group A arrests constituted 762, while 1,695 were tied to Group B offenses.

Out of the Group A arrests, 112 were attributed to assault offenses, and 468 arrests were connected to drug/narcotics offenses. Under the Group B offenses, drunkenness accounted for 249 arrests, and disorderly conduct necessitated 71 arrests.

Find Montgomery County Arrest Records

Members of the public can obtain Montgomery arrest records through the following sources:

• Local law enforcement: Individuals can contact the Sheriff's Office and other police departments, like the Mount Sterling PD, to obtain information about recently arrested persons.
• Kentucky Department of Corrections: The DOC provides a database called the Kentucky Online Offender Lookup system, where members of the public can find details about state prisoners. Individuals can also contact the department directly to order copies of official documents on inmates in custody.
• Federal agencies: Federal arresting agencies maintain arrest details for federal defendants. However, the Bureau of Prisons runs the Federal Inmate Locator to find where inmates are being held.

Free Arrest Record Search in Montgomery County

Third-party online public records search services display free Montgomery County arrest records. These sites offer the advantage of viewing various law enforcement records through one search portal. However, people looking to use these sites should note that they collate public records independently and do not partner with police agencies or courts.

How Long Do Arrests Stay on Your Record?

It varies. Courts automatically expunge (delete) the records of certain individuals who were arrested but never convicted. People without convictions that do not qualify for automatic expungement and persons with certain minor convictions may apply to have their records removed from public systems. However, arrest records for people convicted of felony offenses are permanent.

Expunge Montgomery County Arrest Records

Expungement is a legal process that asks a court to remove arrests, charges, and convictions from one's record. It ensures that these criminal records no longer appear on background checks.

Kentucky has different expungement processes, depending on a person's situation. The following are requirements for people who were arrested or charged but never convicted per KRS 431.076:

• People who were acquitted or had their charges dismissed with prejudice after July 2020 are eligible for automatic expungement. After 30 days, the court will order their records expunged and send a notice to the arresting agency, Kentucky State Police, Montgomery County attorney, Commonwealth attorney, local jail, and defendant (or their attorney). The defendant must notify the court within 60 days if they want the notice sent to other agencies.

Persons whose records were not automatically expunged can also request an expungement after 60 days.

• If charges were dismissed with prejudice, defendants can file for expungement after 1 year for misdemeanor cases and after 3 years for felony charges. No filing fee is required.
• When prosecutors charge a person with a felony in a district court and fail to bring an indictment after 6 months, the person can file for expungement in the same district court. This process also does not require a filing fee.

One can fill out the Petition for Expungement (acquittal, dismissal, or failure to indict) form, sign it in the presence of the circuit court clerk or a notary, and file it with the Montgomery Circuit Court. One must submit separate forms for separate offenses/charges. If the petition was submitted due to failure to indict, the court will notify the prosecutor's office and allow the office to respond within 90 days.

Suppose a person was convicted of a misdemeanor or certain Class D felonies. In that case, they are required to obtain a certificate of eligibility and then file their petition alongside the certificate with the court. One can submit petitions for unlimited misdemeanor convictions, but must wait at least 5 years after serving their sentence. If an enhancement is in place, the person must wait until the period elapses before submitting their petition.

Montgomery County Arrest Warrants

Before arresting an individual, law enforcement officers usually request an arrest warrant from the Montgomery County circuit or district court. The warrant is a court order that approves the apprehension and confinement of people accused of violating Kentucky law. Judges can also issue these orders from the bench when defendants are found in contempt of court for disobeying judicial orders, fleeing custody, or failing to honor probation or parole.

However, law enforcement officers can make arrests without warrants in situations listed under KRS 431.005.

In cases where arrest warrants are issued, members of the public can confirm the existence of such records through the Montgomery County Sheriff's Office or the Circuit Court Clerk's office.

Do Montgomery County Arrest Warrants Expire?

No, There are no deadlines for Montgomery County arrest warrants. Law enforcement agents can pursue these writs until the alleged offenders are taken into custody. Only judges can quash or recall warrants if defendants are later found innocent.