Montgomery County Arrest Records
How To Look Up Arrest Records in Montgomery County in 2026
MontgomeryKYRecords.us provides access to publicly available information related to arrest records in Montgomery County, Kentucky. Members of the public may find booking records, charge information, custody status, court case data, and related criminal history details through this resource. Record categories available through official and third-party channels include arrest logs, booking photographs, bond information, court case filings, and inmate rosters. Access to these records is subject to applicable state law, and not all records are guaranteed to be complete or current.
Records may be searched through official resources including the Montgomery County Sheriff's Office, the Montgomery County Clerk's office, the Kentucky Court of Justice case search portal, and online public access tools. The following sections detail each available method.
Online Methods:
1. County Sheriff's Office Arrest Records
The Montgomery County Sheriff's Office maintains booking records and jail roster information for individuals processed at the Montgomery County Detention Center. Members of the public may access current inmate information by contacting the detention facility directly or by submitting a public records request. The roster is updated as bookings occur and reflects current custody status, charges, and bond information. Historical arrest records may require a formal written request.
2. Local Police Departments
The Mount Sterling Police Department serves as the primary municipal law enforcement agency within Montgomery County. Arrest logs and press releases containing arrest information are periodically published through the department's official communications. Members of the public seeking arrest records from municipal arrests may submit a written open records request to the department's records division. The department processes requests pursuant to the Kentucky Open Records Act, codified at KRS § 61.870 et seq.
Mount Sterling Police Department
300 Woodford Drive
Mount Sterling, KY 40353
Phone: (859) 498-8720
Mount Sterling Police Department
3. County Clerk of Court Case Search
The Kentucky Court of Justice provides a public case search portal through which members of the public may search for court cases associated with an arrest by the defendant's name. The Montgomery County Circuit Court Clerk maintains case files for criminal proceedings originating from arrests in the county. Searching by name will return associated case numbers, charge descriptions, hearing dates, and case dispositions.
Montgomery County Circuit Court Clerk
1 Court Street
Mount Sterling, KY 40353
Phone: (859) 498-8786
Kentucky Court of Justice – Montgomery County
4. State Law Enforcement Database
The Kentucky Department of Corrections operates the Kentucky Offender Online Lookup (KOOL) system, which allows members of the public to search for individuals currently under the supervision of the Department of Corrections, including those housed at the Montgomery County Jail. The database includes offender name, supervising office, and current status. This resource does not constitute a comprehensive criminal history but provides current supervision and incarceration data at no cost to the requester.
In-Person Access:
Sheriff's Office:
Montgomery County Sheriff's Office
1 Court Street
Mount Sterling, KY 40353
Phone: (859) 498-8750
Hours: Monday–Friday, 8:00 AM–4:30 PM
Montgomery County Sheriff's Office
Members of the public visiting in person should bring a valid government-issued photo identification and, where possible, the full legal name of the subject, approximate date of arrest, and booking number. Standard copy fees apply per page as established under Kentucky law.
Police Departments:
Mount Sterling Police Department
300 Woodford Drive
Mount Sterling, KY 40353
Phone: (859) 498-8720
Hours: Monday–Friday, 8:00 AM–4:30 PM
Mount Sterling Police Department
Requesters must submit a written open records request identifying the record sought with reasonable particularity. The department will respond within three business days as required under Kentucky open records law.
Clerk of Court:
Montgomery County Circuit Court Clerk
1 Court Street
Mount Sterling, KY 40353
Phone: (859) 498-8786
Hours: Monday–Friday, 8:00 AM–4:30 PM
Kentucky Court of Justice – Montgomery County
Members of the public may inspect criminal case files at the clerk's office during regular business hours. Certified copies are available for a fee. Case file inspection is available at no charge.
By Mail:
Written requests submitted by mail to the Montgomery County Sheriff's Office should be directed to 1 Court Street, Mount Sterling, KY 40353. Each request should include the following:
- Full legal name of the subject (first and last name at minimum)
- Date of arrest, if known
- Booking number, if known
- Requester's full name and return mailing address
- Payment for applicable copy fees
Processing time for mailed requests is subject to the three-business-day response requirement under Kentucky open records law, with additional time permitted for voluminous or complex requests.
By Phone:
- Montgomery County Sheriff's Office: (859) 498-8750
- Mount Sterling Police Department: (859) 498-8720
- Montgomery County Circuit Court Clerk: (859) 498-8786
Telephone inquiries may yield limited information. Requesters should have the subject's full legal name, date of birth, and approximate arrest date available. Staff may direct callers to the online KOOL system or advise submission of a written open records request for detailed records.
Through Legal Channels:
Attorneys of record may access arrest records and associated case files through the court's electronic filing system and by direct request to the clerk's office. Subpoenas may be issued for records not otherwise available through standard public access channels. In active litigation, arrest records may be obtained through the discovery process pursuant to the Kentucky Rules of Criminal Procedure.
Information Needed for Search:
- Full legal name (first and last name at minimum)
- Date of birth or approximate age
- Approximate date of arrest
- Booking number, if known
- Jurisdiction of arrest (Sheriff's Office, Mount Sterling Police, or other agency)
Are Arrest Records Public in Montgomery County
Arrest records in Montgomery County are public records under Kentucky law. The Kentucky Open Records Act, codified at KRS § 61.870 through KRS § 61.884, establishes the right of members of the public to inspect and obtain copies of public agency records, including arrest and booking records maintained by law enforcement agencies. This framework reflects the Commonwealth's commitment to government transparency, public safety awareness, and accountability in law enforcement.
What Arrest Information Is Public:
- Arrestee name and aliases
- Date and time of arrest
- Location of arrest
- Arresting agency
- Charges filed at time of arrest
- Booking number
- Mugshot/booking photograph
- Bond and bail information
- Current custody status
- Basic demographic information (age, physical description)
Limitations on Public Access:
- Juvenile arrest records (restricted or sealed under Kentucky law)
- Expunged arrest records (removed from public access by court order)
- Sealed records (subject to court-ordered confidentiality)
- Information pertaining to active investigations
- Undercover officer identities
- Confidential informant information
- Victim identifying information in certain case types
- Participants in witness protection programs
Constitutional and Legal Basis:
The Kentucky Constitution and the Open Records Act together establish the legal foundation for public access to government records, including arrest records. Courts have consistently recognized that the public's interest in transparency in law enforcement activities must be balanced against individual privacy rights. The First Amendment to the United States Constitution further supports press and public access to arrest information as a matter of democratic accountability. Due process considerations inform the distinction between an arrest record and a record of conviction.
Who Can Access Arrest Records:
- Members of the general public
- Media organizations and journalists
- Employers, subject to restrictions under the federal Fair Credit Reporting Act (FCRA)
- Landlords, subject to applicable restrictions
- Licensing and regulatory agencies
- Background check companies operating under FCRA compliance
- Attorneys and legal professionals
- Academic researchers
Restrictions on Use:
The federal Fair Credit Reporting Act governs the use of arrest records in employment and housing screening. Employers and landlords using consumer reporting agencies must comply with FCRA requirements, including adverse action procedures. Kentucky does not currently have a statewide "ban the box" law applicable to private employers, though certain jurisdictions may impose additional restrictions. A critical distinction exists between an arrest record and a conviction record: an arrest does not constitute a finding of guilt, and use of arrest records without conviction in employment decisions may give rise to legal liability under applicable anti-discrimination statutes.
What's in Montgomery County Arrest Records
Personal Identification Information:
- Full legal name
- Aliases or "also known as" names
- Date of birth
- Age at time of arrest
- Sex/gender
- Race/ethnicity
- Height and weight
- Eye color and hair color
- Identifying marks such as scars or tattoos
- Address at time of arrest (may be partially redacted)
Arrest Details:
- Arrest date and time
- Location of arrest (street address or general area)
- Arresting agency (Sheriff's Office, Police Department, Kentucky State Police, or other)
- Arresting officer name and badge number (in some records)
- Booking date and time
- Booking number or arrest number
- Warrant information, if applicable
Charges Information:
- Specific criminal charges
- Kentucky Revised Statutes numbers violated
- Charge descriptions
- Classification (felony class or misdemeanor class)
- Number of counts per charge
- Domestic violence designation, if applicable
- Gang-related designation, if applicable
Booking Information:
- Booking facility name and location
- Intake process timestamp
- Booking photograph (mugshot)
- Fingerprints (collected but not typically included in public records)
- Personal property inventory
Custody and Bond Information:
- Current custody status (in custody, released, or bonded out)
- Bond amount set by the court
- Bond type:
- Cash bond
- Surety bond
- Personal recognizance (PR bond)
- No bond
- Bail bondsman information, if applicable
- Release date and time, if released
- Release conditions, if public
Court Information:
- Court case number assigned
- Court jurisdiction (District or Circuit Court)
- Scheduled arraignment date
- Court location
- Judge assignment, if available
Prior Arrest History (may be included):
- Previous arrests processed in Montgomery County
- Previous booking numbers
- Historical charges associated with prior bookings
- Not always included in a current arrest record
What's Typically NOT in Public Arrest Records:
- Detailed narrative of the arrest (police report details)
- Witness statements
- Victim identifying information
- Evidence collected during investigation
- Investigative techniques
- Medical information
- Mental health status
- Substance abuse information
- Social Security number (redacted)
- Bank account or financial information
Difference Between Arrest Records and Related Documents:
- Police reports: Contain more detailed incident narratives and are subject to separate disclosure rules
- Court records: Document legal proceedings initiated after arrest
- Criminal records: Reflect convictions and sentences imposed
- Background checks: Comprehensive screenings drawing from multiple sources including court, law enforcement, and state repositories
How Much Does It Cost to Get Arrest Records in Montgomery County?
Kentucky law establishes the fee structure applicable to public records requests. Under KRS § 61.874, public agencies may charge for the actual cost of reproduction, not to exceed ten cents per page for standard paper copies. The following fee schedule reflects current standard charges:
| Record Type | Fee |
|---|---|
| Standard paper copy (per page) | $0.10 |
| Certified copy (per document) | Varies by office |
| Electronic format (where available) | Actual cost of medium |
| Record inspection | No charge |
| Search fee | Not permitted under Kentucky law |
- Inspection fees: Members of the public may inspect public records at no charge during regular business hours.
- Copy fees: Standard copies are ten cents per page. Agencies may charge the actual cost of reproduction for non-standard formats.
- Certification fees: The Montgomery County Circuit Court Clerk charges a separate fee for certified copies of court records. Current certification fees should be confirmed directly with the clerk's office.
- Electronic format fees: Where records are provided in electronic format, agencies may charge the actual cost of the electronic medium used.
- Fee waivers: Kentucky law does not mandate a general fee waiver provision, though agencies retain discretion to waive fees in appropriate circumstances.
Accepted payment methods vary by office. The Montgomery County Circuit Court Clerk and Sheriff's Office accept cash and money orders. Members of the public should confirm accepted payment methods prior to submitting a request. Court records accessed through the Kentucky Court of Justice case search portal are available for online viewing at no charge. The Kentucky Offender Online Lookup system is available to the public at no cost.
How To Delete Arrest Records in Montgomery County
Kentucky law provides two primary mechanisms for removing or restricting public access to arrest records: expungement, which results in the physical destruction or sealing of records, and sealing, which restricts public access while preserving the record for law enforcement purposes. The distinction is significant: an expunged record is treated as though it never existed for most purposes, while a sealed record remains accessible to law enforcement and certain licensing agencies.
Eligibility for Expungement:
Under KRS § 431.073, individuals arrested in Kentucky may petition for expungement of arrest records in the following circumstances:
- Charges were dismissed with prejudice
- The individual was acquitted at trial
- The prosecutor declined to file charges (no information filed)
- The individual successfully completed a pretrial diversion program
- Certain misdemeanor and Class D felony convictions after a waiting period
Felony convictions involving violence, sex offenses, and certain other serious offenses are not eligible for expungement under current Kentucky law.
Steps to Petition for Expungement:
- Obtain a copy of the arrest record and associated court case information from the Montgomery County Circuit Court Clerk.
- Confirm eligibility based on the charge type and case disposition.
- Complete the petition for expungement form available from the Circuit Court Clerk's office.
- File the petition with the Montgomery County Circuit Court Clerk and pay the applicable filing fee (currently $100.00 for eligible felonies; no fee for eligible misdemeanors and dismissed charges under current law).
- Serve the petition on the Commonwealth's Attorney and any other required parties.
- Attend the scheduled hearing, if one is set by the court.
- If the petition is granted, the court issues an order directing all relevant agencies to expunge or seal the record.
Montgomery County Circuit Court Clerk
1 Court Street
Mount Sterling, KY 40353
Phone: (859) 498-8786
Kentucky Court of Justice – Montgomery County
Montgomery County Commonwealth's Attorney
1 Court Street
Mount Sterling, KY 40353
Phone: (859) 498-8795
Following entry of an expungement order, the Kentucky State Police Criminal Records Repository updates the state criminal history record. Third-party commercial databases are not subject to the expungement order and may retain records independently. Individuals whose records have been expunged may lawfully state that they have not been arrested or convicted of the expunged offense in most contexts, with limited exceptions for certain licensing and law enforcement purposes.
What Happens After Arrest in Montgomery County?
Immediate Post-Arrest Process:
1. Transport to Jail
Following an arrest in Montgomery County, the arrested individual is transported to the Montgomery County Detention Center. Transport time varies based on the location of the arrest and officer availability. The individual remains in restraints during transport and may be held briefly at the scene if investigation activities require completion prior to transport.
Montgomery County Detention Center
1 Court Street
Mount Sterling, KY 40353
Phone: (859) 498-8750
Montgomery County Sheriff's Office
2. Booking Process
Upon arrival at the detention center, the booking process is initiated. The process typically takes one to four hours depending on facility volume. Steps include:
- Recording of personal identifying information
- Advisement of Miranda rights, if not previously given
- Booking photograph (mugshot) taken
- Fingerprints collected and submitted for criminal history check
- Outstanding warrants check conducted
- Personal property inventoried and secured
- Clothing exchanged for jail-issued clothing
- Medical screening completed
- Brief mental health screening
- Housing classification determination
3. First Appearance/Initial Hearing
Under Kentucky law, an arrested individual must be brought before a judge or magistrate without unnecessary delay, and in no event later than the next regular court session following arrest. At the initial appearance:
- The individual is formally notified of the charges
- The right to appointed counsel is addressed for indigent defendants
- Bond or bail is determined
- Rights are explained
Hearings may be conducted via video conference from the detention facility.
Bond/Bail Process:
Types of Bond:
Cash Bond:
- Full bond amount paid in cash to the court or detention facility
- Refunded at conclusion of the case, minus applicable fees
- Amount set by the presiding judge or magistrate, or pursuant to a bond schedule
Surety Bond:
- A licensed bail bondsman posts the full bond amount
- The defendant pays a non-refundable premium, typically ten percent of the bond amount
- The bondsman assumes financial responsibility for the defendant's appearance
Personal Recognizance (PR Bond):
- Released on a written promise to appear at all court dates
- No monetary payment required
- Granted based on community ties, employment history, criminal history, nature of charges, and flight risk assessment
No Bond:
- Individual held without bond pending further proceedings
- Applicable in cases involving serious violent offenses, demonstrated flight risk, danger to the community, probation or parole violations, immigration holds, or out-of-state warrants
Conditions of Release:
- Regular check-in requirements with pretrial services
- Travel restrictions
- No-contact orders
- Drug and alcohol testing
- GPS monitoring
- Pretrial supervision compliance
4. Release or Continued Detention
If Bond Posted:
- Processing and release typically takes one to eight hours following bond payment
- Personal property returned upon release
- Written court date and conditions of release provided
- Failure to appear results in bond forfeiture and issuance of an arrest warrant
If Bond Not Posted:
- Individual remains in custody pending further court proceedings
- Housing assignment made within the facility
- Inmate orientation conducted
- Commissary account established
- Phone and visitation privileges explained
Accessing Legal Representation:
Public Defender:
Indigent defendants are entitled to appointed counsel under the Sixth Amendment to the United States Constitution. The Department of Public Advocacy serves Montgomery County.
Department of Public Advocacy – Mount Sterling Office
43 West Main Street, Suite 200
Mount Sterling, KY 40353
Phone: (859) 498-8714
Kentucky Department of Public Advocacy
Private Attorney:
Defendants retain the right to hire private counsel at any stage of the proceedings. The Kentucky Bar Association provides a lawyer referral service. Private attorneys may visit clients at the detention center in confidential consultation.
Charging Decision:
Prosecutor's Review:
The Montgomery County Commonwealth's Attorney reviews the arrest and determines whether to file formal charges. This review occurs within days to weeks of the arrest. The Commonwealth's Attorney may:
- File formal charges by information or indictment
- Request additional investigation prior to charging
- Decline to prosecute
- File different or additional charges from those listed at booking
Grand Jury (for Felonies):
Felony charges in Kentucky may be presented to a grand jury, which determines whether probable cause exists to proceed. Defense counsel is not present during grand jury proceedings. A finding of probable cause results in an indictment.
Arraignment:
At arraignment, the defendant is formally advised of the charges and enters a plea. Available pleas include not guilty, guilty, and Alford plea. The majority of defendants enter a not guilty plea at arraignment, preserving all rights pending further proceedings. Trial dates and pretrial conference dates are set at this stage.
Court Process Overview:
Pretrial Phase:
Discovery involves the exchange of evidence between the prosecution and defense, including police reports, witness statements, physical evidence, and audio and video recordings.
Pretrial motions may include motions to suppress evidence, motions to dismiss, and motions for additional discovery. Hearings are scheduled as needed.
Pretrial conferences bring attorneys and the judge together to assess case status, discuss resolution, and address trial readiness.
Plea negotiations may result in an offer from the Commonwealth's Attorney for reduced charges or a recommended sentence. The defendant retains the right to accept or proceed to trial.
Case Resolution Options:
- Dismissal: Charges dropped due to insufficient evidence, witness unavailability, or legal defects. Dismissal with prejudice may support an expungement petition.
- Diversion Programs: Eligible defendants may participate in pretrial diversion, drug court, mental health court, or veterans court. Successful completion results in dismissal of charges.
- Plea Agreement: Defendant enters a guilty or no contest plea to agreed charges with a negotiated sentence or sentencing recommendation.
- Trial: Jury trial or bench trial. The prosecution bears the burden of proof beyond a reasonable doubt. A not guilty verdict results in acquittal; a guilty verdict proceeds to sentencing.
Sentencing (if convicted):
The sentencing judge may impose:
- Incarceration (jail or prison)
- Probation
- Fines and court costs
- Restitution to victims
- Community service
- Substance abuse treatment
- A combination of the above
Credit for time served in pretrial detention is applied to any sentence imposed. Appeal rights are explained at sentencing.
Timeline Overview:
- Arrest to first appearance: Within 24–72 hours
- First appearance to arraignment: Days to several weeks
- Arraignment to trial or resolution: Several months, varying by case complexity
- Misdemeanors: Resolved within weeks to several months
- Felonies: Resolved within several months to over one year
- Right to speedy trial: Guaranteed under the Sixth Amendment and Kentucky Constitution
Rights Throughout Process:
- Right to remain silent
- Right to counsel
- Right to a speedy and public trial
- Right to confront witnesses
- Right to present a defense
- Right against self-incrimination
- Right to appeal a conviction
Important Contacts:
Montgomery County Sheriff's Office (Jail)
1 Court Street
Mount Sterling, KY 40353
Phone: (859) 498-8750
Montgomery County Sheriff's Office
Montgomery County Circuit Court Clerk
1 Court Street
Mount Sterling, KY 40353
Phone: (859) 498-8786
Kentucky Court of Justice – Montgomery County
Montgomery County Commonwealth's Attorney
1 Court Street
Mount Sterling, KY 40353
Phone: (859) 498-8795
Department of Public Advocacy – Mount Sterling Office
43 West Main Street, Suite 200
Mount Sterling, KY 40353
Phone: (859) 498-8714
Kentucky Department of Public Advocacy
What to Do If You're Arrested:
- Remain calm and cooperative with law enforcement
- Do not physically resist arrest
- Politely invoke the right to remain silent
- Request an attorney immediately and do not answer questions until counsel is present
- Do not discuss the case with other inmates, family, or friends
- Contact family or friends to assist with bail if applicable
- Attend all scheduled court dates without exception
- Comply with all conditions of release
How Long Are Arrest Records Kept in Montgomery County?
Records Retention Overview:
Retention of arrest records in Montgomery County is governed by Kentucky state law and applicable local agency policies. The Kentucky Department for Libraries and Archives establishes records retention schedules for public agencies, including law enforcement and court offices. Under current law, retention periods vary based on the type of record, the agency maintaining it, and the disposition of the associated case.
Arrest Records Retention by Type:
Active Arrest Records (Conviction Resulted):
Felony Convictions:
- Retained permanently by the Sheriff's Office, Circuit Court Clerk, Kentucky State Police Criminal Records Repository, and the FBI's National Crime Information Center (NCIC)
- Part of the subject's permanent criminal history record
Misdemeanor Convictions:
- Retained permanently by the Circuit Court Clerk
- Local law enforcement records retained pursuant to agency retention schedules, at minimum for the duration of any sentence imposed plus a defined period thereafter
- State repository retains records permanently
Arrest Records (No Conviction):
Dismissed Charges:
- Local law enforcement records retained for a minimum period pursuant to agency retention schedules
- Court records retained permanently unless expunged by court order
- State repository retains records unless updated following expungement
Acquittals (Not Guilty):
- Local law enforcement records retained pursuant to agency schedules
- Court records retained permanently
- State repository retains records unless expungement is granted
Charges Not Filed:
- Booking records retained for a minimum period, subject to agency retention schedules
- Local arrest logs retained for a defined period
- May be eligible for expungement petition under KRS § 431.073
No-Information (Prosecutor Declined):
- Law enforcement records retained pursuant to applicable schedules
- Often eligible for expungement
Digital vs. Physical Records:
Physical Records:
- Booking paperwork and fingerprint cards retained pursuant to Kentucky Department for Libraries and Archives schedules
- Photographs retained for the duration of the applicable retention period
- Physical evidence retention varies by case outcome and type
Digital Records:
- Computer-aided dispatch (CAD) records retained pursuant to agency schedules
- Records management system data often retained permanently
- Mugshot databases vary by agency policy
- Court electronic records retained permanently in the Kentucky Court of Justice system
Third-Party Databases:
- Commercial background check companies and mugshot websites may retain records indefinitely
- These entities are not subject to court expungement orders
- Records may not be updated when expungement is granted
- The federal Fair Credit Reporting Act requires accuracy and currency in consumer reports
Retention by Agency:
Montgomery County Sheriff's Office:
- Booking records and arrest reports retained pursuant to Kentucky Department for Libraries and Archives law enforcement retention schedules
- Investigative files retained based on case type and disposition
- Phone: (859) 498-8750
Mount Sterling Police Department:
- Arrest records and incident reports retained pursuant to applicable state retention schedules
- Retention periods may vary by record type
- Phone: (859) 498-8720
Montgomery County Circuit Court Clerk:
- Felony case files retained permanently
- Misdemeanor case files retained for a minimum of five years following final disposition under current retention schedules
- Traffic case files retained pursuant to applicable schedules
- Electronic records retained permanently in the court system
- Kentucky Court of Justice – Montgomery County
Kentucky State Police Criminal Records Repository:
- Maintains the state criminal history record for all arrests reported by Kentucky law enforcement agencies
- Retention is permanent for conviction records
- Non-conviction records updated following expungement orders
- Kentucky State Police
FBI Database:
- The National Crime Information Center (NCIC) and Interstate Identification Index (III) maintain federal records
- Federal retention is permanent for most records
- Accessible to law enforcement agencies nationwide
- Used in employment background checks for positions requiring federal clearance and in firearms purchase background checks
Effect of Disposition on Retention:
Conviction:
- Permanent retention in all law enforcement and court databases
- Constitutes part of the subject's permanent criminal history
- Reported on background checks indefinitely under federal law
Dismissal:
- Records may remain in databases unless expungement is obtained
- Non-conviction records are not reported on standard employment background checks by compliant consumer reporting agencies
- Local retention varies by agency
Expungement:
- Physical destruction or sealing of local records as directed by court order
- Kentucky State Police updates the state criminal history record
- FBI database may retain a notation of the expungement
- Removal from agency systems occurs within the timeframe specified in the court order
No Charges Filed:
- Shortest retention period applicable
- Booking records may be purged automatically after the applicable retention period
- Immediate expungement petition may be available in appropriate cases
Accessing Historical Arrest Records:
Recent Arrests:
- Available online through the Kentucky Offender Online Lookup and the Kentucky Court of Justice case search portal
- Updated in real time or on a daily basis
Older Arrests (More Than Several Years Prior):
- May require an in-person request to the Sheriff's Office or Circuit Court Clerk
- Records may be stored in archives
- A retrieval fee may apply
- Processing time may be longer than for current records
Very Old Arrests:
- Records may not be digitized
- Paper records may be held in archival storage
- Records destroyed pursuant to retention schedules will not be available
- Contact the Sheriff's Records Division at (859) 498-8750 for information on specific records
Destruction of Records:
Authorized destruction of records occurs after the applicable retention period expires, following a court order for expungement, or pursuant to the agency's records retention schedule as approved by the Kentucky Department for Libraries and Archives. Documentation of destruction is maintained by the agency. Records subject to permanent retention requirements, including felony conviction records, records of serious violent offenses, sex offense records, and records in cases with pending appeals, may not be destroyed.
Impact on Background Checks:
Under the federal Fair Credit Reporting Act, most employment background checks cover a seven-year period for non-conviction records. Conviction records may be reported indefinitely. Kentucky does not currently impose a statewide restriction on the reporting period for conviction records beyond federal requirements. Arrests without conviction are not to be reported as convictions, and consumer reporting agencies are required to maintain reasonable procedures to ensure accuracy. Individuals who believe their background check contains inaccurate information have the right to dispute the record with the reporting agency.
How to Check Retention Status:
Members of the public seeking information about the retention status of a specific arrest record may contact the Montgomery County Sheriff's Records Division at (859) 498-8750 or submit a written open records request identifying the record with reasonable particularity. Fees may apply for copies of responsive records.