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Henderson Arrest Records

Are Arrest Records Public in Henderson, Kentucky?

Arrest records are public in Henderson, Kentucky, pursuant to the Kentucky Open Records Act (KRS 61.870 to 61.884). This legislation establishes that all government records, including those pertaining to arrests, must be accessible to the public unless specifically exempted by law. The Kentucky Open Records Act serves as the legal foundation for transparency in governmental operations, including law enforcement activities within Henderson County and throughout the Commonwealth of Kentucky.

Members of the public may request and obtain arrest records from various law enforcement agencies operating within Henderson County. These agencies maintain such records as part of their official duties in documenting criminal justice proceedings. The public nature of these records supports governmental accountability and allows citizens to monitor law enforcement activities within their communities.

Certain exceptions to public disclosure may apply in specific circumstances as outlined in KRS 61.878, such as records that would constitute an unwarranted invasion of personal privacy, records confidential under federal law, or preliminary documents. However, the general presumption under Kentucky law favors disclosure rather than withholding of public records.

How to Look Up Henderson Arrest Records in 2025

Henderson County residents and other interested parties may access arrest records through multiple channels established by local and state authorities. The Kentucky Department of Justice and local law enforcement agencies maintain systems for public access to these records in accordance with KRS 61.872, which specifies procedures for requesting public records.

Individuals seeking arrest records in Henderson may utilize the following methods:

Submit an open records request to the Henderson Police Department located at 200 South Green Street, Henderson, KY 42420. Office hours are Monday through Friday, 8:00 AM to 5:00 PM. Telephone: (270) 831-1295.
Visit the Henderson County Sheriff's Office at 20 North Main Street, Suite 112, Henderson, KY 42420. Office hours are Monday through Friday, 8:00 AM to 4:30 PM. Telephone: (270) 826-2713.
Access the Kentucky Court of Justice online portal for court records related to arrests and subsequent judicial proceedings.
Submit a written request to the Kentucky State Police Records Branch at 1266 Louisville Road, Frankfort, KY 40601. Telephone: (502) 782-1800.
Utilize the online reporting system maintained by Henderson law enforcement agencies for certain types of records.

Pursuant to KRS 61.872(2), public agencies must make records available for inspection during regular office hours. Agencies may require written application describing the records to be inspected, and may charge reasonable fees for copies as specified in KRS 61.874.

Contents of a Henderson Arrest Record

Arrest records maintained by Henderson law enforcement agencies contain standardized information as required by Kentucky law enforcement protocols and the Kentucky Justice and Public Safety Cabinet. These records serve as official documentation of law enforcement actions and typically include the following elements:

Full legal name of the arrested individual and any known aliases or alternative identities
Date, time, and specific location of the arrest
Detailed description of the alleged criminal offense(s), including applicable Kentucky Revised Statutes violations
Identity of the arresting agency and officer(s)
Booking photographs (commonly known as "mugshots") and fingerprint impressions
Demographic information including date of birth, physical description, and last known address
Case or incident number assigned by the arresting agency
Preliminary charge information prior to formal arraignment
Custody status information, including bond amounts if applicable
Arresting officer's narrative of the circumstances leading to the arrest

These records are maintained in accordance with Kentucky records retention schedules as established by the Kentucky Department for Libraries and Archives pursuant to KRS 171.410 to 171.740.

Legal Framework for Arrest Records in Henderson

The management and accessibility of arrest records in Henderson operate within a comprehensive legal framework established by Kentucky statutes and administrative regulations. This framework balances the public's right to information with individual privacy considerations and the integrity of law enforcement operations.

The primary legal authorities governing arrest records include:

Kentucky Open Records Act (KRS 61.870-61.884): Establishes the fundamental right of public access to government records, including arrest documentation, with limited exceptions.
Criminal History Record Information System (KRS 17.140-17.152): Authorizes the Justice and Public Safety Cabinet to maintain a centralized criminal history record information system and establishes guidelines for its operation.
Kentucky Court of Justice Records Retention Schedule: Determines how long various court records, including those related to arrests, must be maintained before disposition.
Law Enforcement Records Retention Schedule: Establishes retention periods for records maintained by police departments and sheriff's offices.
Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.): Federal legislation that regulates how arrest information may be used by consumer reporting agencies, particularly for employment purposes.

Law enforcement agencies in Henderson must comply with these legal requirements when creating, maintaining, and providing access to arrest records. The Henderson County Fiscal Court provides oversight for county law enforcement operations, including records management practices.

Expungement of Arrest Records in Henderson

Kentucky law provides mechanisms for the expungement of certain arrest records under specific conditions as outlined in KRS 431.073 to 431.079. Expungement is the legal process by which arrest records and related court documents are sealed or destroyed, effectively removing them from public access.

Eligibility criteria for expungement in Henderson County include:

Cases resulting in acquittal or dismissal with prejudice may be expunged after 60 days following the conclusion of the case.
Cases dismissed without prejudice may be eligible for expungement after the statute of limitations expires or after two years, whichever is sooner.
Certain Class D felonies may be expungeable after a five-year waiting period following completion of sentence or probation, pursuant to KRS 431.073.
Misdemeanor convictions may be eligible for expungement after a three-year waiting period following completion of sentence or probation.
Violations may be expunged after one year.

The expungement process requires filing a petition with the Henderson Circuit Court Clerk's Office located at 20 North Main Street, Suite 137, Henderson, KY 42420. Telephone: (270) 826-2405. The petition must include:

Verification of eligibility
Criminal record certification from the Administrative Office of the Courts
Filing fee as established by statute (currently $100 for misdemeanors and $500 for eligible felonies)

Upon receipt of a petition, the court will schedule a hearing, and the Commonwealth's Attorney has the opportunity to object. If granted, the expungement order directs all relevant agencies to seal their records pertaining to the arrest and related proceedings.

Limitations on Use of Arrest Records

The Commonwealth of Kentucky imposes specific restrictions on how arrest records may be utilized, particularly by employers, licensing boards, and other entities. These limitations are designed to protect individuals from undue prejudice while balancing public safety concerns.

Pursuant to KRS 335B.010 to 335B.070, the following limitations apply to the use of arrest records in Henderson:

Employers may not consider arrests that did not result in conviction when making hiring decisions, unless the charges are still pending.
Licensing boards and occupational regulatory agencies may only consider convictions that directly relate to the specific occupation, trade, or profession.
Housing providers receiving federal funding must follow HUD guidelines regarding the use of arrest records in housing decisions.
Educational institutions have restrictions on considering arrest records for admission purposes under various federal and state regulations.

Additionally, the Fair Credit Reporting Act (FCRA) imposes requirements on consumer reporting agencies that provide background checks containing arrest information. These requirements include:

Ensuring accuracy of reported information
Obtaining consent before providing reports to employers
Providing notice when adverse actions are taken based on report contents
Removing non-conviction arrest records after seven years

Individuals who believe their arrest records have been improperly used may seek remedies through the Kentucky Commission on Human Rights located at 332 W. Broadway, Suite 1400, Louisville, KY 40202. Telephone: (502) 595-4024.