Kentucky Open Records and How They Affect Criminal Cases

Using Kentucky Open Records in Criminal Defense

Kentucky’s Open Records Act (KRS 61.870 through 61.884) is a powerful tool that can be used in criminal defense to obtain information that law enforcement and other government agencies might not voluntarily disclose. The Open Records Act gives the public the right to inspect and copy public records maintained by government agencies, and criminal defense attorneys can use this right to access police reports, internal affairs files, training records, policies and procedures, communications, and other documents that may be relevant to defending criminal charges. At Clark + Harris, we routinely use open records requests as part of our comprehensive defense strategy for clients in Lexington, Louisville, and throughout Kentucky.

What the Kentucky Open Records Act Covers

The Kentucky Open Records Act applies to all public agencies in the Commonwealth, including law enforcement agencies such as the Lexington Police Department, Louisville Metro Police Department, Kentucky State Police, county sheriffs, and university police departments, county and Commonwealth attorneys’ offices, the Kentucky State Crime Lab, county jails and the Department of Corrections, the Kentucky Transportation Cabinet, and other state and local government agencies.

Records that may be obtained through open records requests in criminal cases include arrest reports and incident reports, body camera and dashcam footage, dispatch records and CAD logs, officer training and certification records, internal affairs complaints and investigation files, department policies and standard operating procedures, radio communications and recordings, evidence logs and chain of custody records, and statistical data on arrests, traffic stops, and use of force.

Exemptions and Limitations

Not all records are subject to disclosure. The Open Records Act contains several exemptions that may limit access to certain records in criminal cases. KRS 61.878(1)(h) exempts records compiled in the process of detecting and investigating statutory or regulatory violations if disclosure would harm the agency’s ability to complete an ongoing investigation. KRS 61.878(1)(a) exempts certain personal information. And KRS 61.878(1)(l) exempts certain law enforcement records including the identity of informants.

At Clark + Harris, we craft our open records requests carefully to maximize the information obtained while addressing potential exemptions. When agencies deny our requests, we pursue administrative appeals before the Attorney General’s Office and, when necessary, file suit in circuit court to compel disclosure.

How Open Records Help Criminal Defense

Open records can provide critical information for criminal defense in several ways. Officer personnel and training records may reveal that the officer who arrested you has a history of complaints, disciplinary actions, or deficient training that undermines the reliability of their testimony. Body camera and dashcam footage may contradict the officer’s written report. Department policies may show that officers failed to follow required procedures during your arrest or investigation. Statistical data may support arguments about racial profiling or selective enforcement. And internal communications may reveal information relevant to your defense that was not disclosed through standard discovery.

In Lexington and Louisville, we have used open records requests to obtain evidence that led to suppression of evidence, impeachment of law enforcement witnesses, and dismissal of charges. The Open Records Act provides a level of transparency that strengthens the criminal defense process and holds government agencies accountable.

Filing Open Records Requests

The process for filing an open records request in Kentucky is straightforward. Requests must be in writing and describe the records sought with reasonable specificity. Agencies must respond within five business days (with a possible five-day extension). If the request is denied, the requester can appeal to the Kentucky Attorney General, who issues a binding decision within 20 business days. At Clark + Harris, we handle the entire open records process for our clients as part of our defense strategy.

Contact a Kentucky Criminal Defense Attorney

If you are facing criminal charges in Kentucky and want a defense team that uses every available tool, contact Clark + Harris at 859-474-0001. We serve clients in Lexington, Louisville, and throughout the Commonwealth.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

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