In accordance with Chapter 440 of the Kentucky Revised Statues, section 230, a warrant authorizes the arresting officer to call upon the aid of any person or peace officer to arrest the accused. However, because such an order gives police officers additional rights when effecting arrest, the sheriff’s office will prefer to seek its release. Unlike other judicial instruments that have time and geographical restrictions placed on them, an active warrant can be executed even a decade after its release and it can be served outside the state or the issuing county.Ī warrant is not a legal mandate when it comes to detention. Arrest warrants issued in the state of Kentucky will clearly mention the judicial intent of the document, so the order is a clear directive for the police to take the said person into custody.Īlso, the order will have a mention of the name of the suspect along with any identifying traits, his/her address and the crime for which he is being held responsible. This is known as the establishment of probable cause and the state police play an active role in this process as they submit all case related facts to the bench in the form of an affidavit.
Before the issue of an active arrest order, the magistrate is legally obligated to ensure that there is enough evidence in the matter for even a layperson to implicate the accused. What is an Arrest Warrant?Īn arrest warrant is a legal order issued by the sitting magistrate of a tribunal at any level in the Kentucky judicial system that has criminal jurisdiction. At this point, phoned and fax requests are not accepted by either agency. In case of both agencies, the request form will have to be handed over to the department by visiting their office in person or it will have to be sent in through mail. In contrast, the AOC can provide information on all felonies and misdemeanors in the name of the applicant within a 5 years period. So, a KSP background report will only include information on cases that culminated in a guilty verdict. For instance, the KSP follows state rules on the dissemination of crime history data more stringently than the AOC. Signature of the applicant signifying that he/she is the one requesting the checkĬrime History Information is also maintained by the Administrative Office of the Courts (AOC).While both the KSP and the AOC will accept applications for a background check, the type and extent of information offered varies between agencies.Personal information about the applicant including first, middle and last names, social security number, date of birth, current address, etc.A waiver that exempts KSP from any legal liability that may rise due to the applicant not securing employment.
The identity of the employer for whom the report is being requested.When requesting a background check, the applicant has to furnish the following information about himself and the reasons for making such an inquiry.
In fact, it is the potential employee who signs the request form as the applicant stating the name of the organization where he/she has applied for a job and that information on any criminal involvement in his past be divulged to the agency in question. In fact, only institutions that offer care to minors and mentally or physically compromised individuals will be allowed access to such information.Įven then, when requesting a background report, a prospective employer will need a consent form from the subject. Not everybody can request data pertaining to criminal history from the KSP. The Department of Juvenile Justice, the Administrative Office of local judicial entities, the Department of Corrections and the State Health and Family Services Cabinet also have a role to play in the collection of the data for the purpose of including it in this centralized criminal history information system.Ī background report sought from the Kentucky State Police will include details on all arrest warrants issued against the applicant in the state along with information on arrest records, convictions, verdicts and incarceration. All county level justice agencies including sheriff’s departments, tribunals and offices of the county clerks are legally obligated to participate in this program. Pursuant to section 17.151 of the Kentucky Revised Statues, crime history information for the state is maintained in a centralized location under the control of Kentucky State Police. Kentucky Arrest Records and Warrant Search What is an Arrest Record?
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