Kentucky
Kentucky Public Records Laws: The Open Records Act (KRS 61.870) Explained
Kentucky's Open Records Act, KRS 61.870 to 61.884, is one of a small number of state records laws that limits the right of inspection to residents. An agency has 5 business days to decide whether to comply, denials are appealed to the Attorney General, and the Attorney General's decision carries the force of law if nobody appeals it.
Information last verified on 2026-08-04. This article has not yet been reviewed by a licensed lawyer.
This page covers Kentucky state law only. For records held by a federal agency, see our guide on how to file a FOIA request. To compare Kentucky against other states, start at the public records laws by state hub.
The Kentucky Open Records Act
The Open Records Act, codified at KRS 61.870 through 61.884, governs access to records held by Kentucky state agencies, counties, cities, school districts, universities, and other public agencies. The Act's core command is in KRS 61.872(1): all public records shall be open for inspection by any resident of the Commonwealth, except as otherwise provided by the Act.
Kentucky does not call its law FOIA, and it is not the federal FOIA. If you want records from a federal agency, that request goes to the agency under 5 U.S.C. 552 and Kentucky's rules have nothing to do with it.
Two features make Kentucky unusual among its neighbors. The first is the residency limit discussed below. The second is the strength of the Attorney General appeal, which produces a decision that becomes enforceable law if the agency does not take it to court.
Kentucky Is a Resident-Only State
This is the single most important thing to know before you file. Most states, including every state bordering Kentucky except one, open their records to any person. Kentucky does not.
KRS 61.872(1) grants the right of inspection to a resident of the Commonwealth. A genuinely unconnected out-of-state person or company has no statutory right to inspect Kentucky public records. The legislature has revisited and reinforced this limit in recent sessions, most recently in an amendment effective July 15, 2024.
What saves most requesters is that the statutory definition is far broader than everyday usage. Under KRS 61.870(10), a resident of the Commonwealth means any of the following:
- An individual residing in the Commonwealth.
- A domestic business entity with a location in the Commonwealth.
- A foreign business entity registered with the Secretary of State.
- An individual who is employed and works at a location or locations within the Commonwealth.
- An individual or business entity that owns real property within the Commonwealth.
- Any individual or business entity authorized to act on behalf of an individual or entity described in categories 1 through 5.
- A news-gathering organization as defined in KRS 189.635(9)(b)1.a. to e.
Read those carefully before assuming you are shut out. Category 4 covers a commuter who lives in Cincinnati or Evansville and works in Kentucky. Category 5 covers an out-of-state owner of a Kentucky rental property or a piece of family land. Category 6 is the one people miss most often: a Kentucky attorney, or any authorized representative, can request on behalf of a qualifying person or entity. Category 7 covers news organizations regardless of where they are based.
The agency is entitled to make you show your work. KRS 61.872(2)(a) allows the official custodian to require a written application, signed with your name printed legibly, describing the records, and to require you to state in the application how you qualify as a resident under KRS 61.870(10)(a) to (f). Answer that question directly and specifically. A vague answer invites a denial you then have to appeal.
How to File a Kentucky Open Records Request
There is no statewide portal. Requests go to the official custodian of records at the individual public agency.
Under KRS 61.872(2)(b), a written application may be hand delivered, mailed, sent by fax, or sent by email to the agency's official custodian or designee at the email address the agency designates in its rules and regulations adopted under KRS 61.876. Agencies must publish those rules, so check the agency's website for the designated records email before sending to a general inbox.
KRS 61.872(2)(c) is a useful protection: an agency may not require you to use any particular form, but it must accept the standardized form developed under KRS 61.876(4). So you can use the state form or your own letter, and the agency has to take either.
A practical checklist:
- Confirm which agency actually holds the records.
- Write the request, sign it, and print your name legibly.
- State which of the seven resident categories applies to you, and why.
- Describe the records precisely. Precision matters more in Kentucky than in most states because it is also the trigger for the mailing right described below.
- Send it to the designated custodian by one of the four permitted methods.
- Keep the sent date. The 5-day clock runs from receipt.
Our free FOIA request generator produces a Kentucky-specific letter with the statutory citations and the residency statement built in. Nothing entered into it is saved or transmitted.
Getting Copies Mailed to You
KRS 61.872(3) gives a resident two ways to inspect: in person during regular office hours, or by receiving copies through the mail.
The mail route has a condition worth understanding. The agency must mail copies to a person whose residence or principal place of business is outside the county where the records are located, after that person precisely describes records that are readily available within the agency. If you qualify as a resident but live in a different county, precise description is what unlocks mail delivery. If you live in the same county, the agency can require you to come in and inspect. Under KRS 61.874(1) the custodian may require advance payment of the prescribed fee, including postage where appropriate, before the copies go out.
Kentucky Open Records Deadlines
Under KRS 61.880(1), each public agency must determine within 5 days, excepting Saturdays, Sundays, and legal holidays, after receiving a request whether it will comply, and must notify the requester in writing within that 5-day period. A denial has to state the specific exception relied on and explain how it applies to the record withheld.
Note what the 5-day rule does and does not promise. It is a deadline to decide and notify, not a guarantee that records arrive in 5 days. That distinction matters and is the same distinction readers miss in most states.
A separate provision handles records that are not sitting on a shelf. Under KRS 61.872(5), if a record is in active use, in storage, or otherwise unavailable, the custodian must immediately notify you and designate a place, time, and date for inspection, not to exceed 5 days from receipt of the application, unless it gives a detailed explanation of the cause for further delay along with the earliest date the record will be available.
These figures are current as of August 2026.
What Kentucky Records Requests Cost
KRS 61.874 caps the fee for noncommercial requests. An agency may prescribe a reasonable fee for copies of nonexempt records requested for noncommercial purposes, and that fee may not exceed the actual cost of reproduction, including the cost of the media and any mechanical processing cost the agency incurs, but not including the cost of staff required.
The exclusion of staff time is the important part. In many states the labor charge is the entire bill. In Kentucky, for a noncommercial request, the agency is charging you for paper, toner, discs, and machine time, not for the hours an employee spent pulling and copying the file. Under KRS 61.874(1), the custodian may require advance payment of the prescribed fee, including postage where appropriate, before producing or mailing copies.
Commercial requests are treated differently. A commercial-purpose request can carry a higher fee tied to the cost of producing, creating, or acquiring the records, and the agency may require a certified statement of the commercial purpose plus a contract before it fills the request.
Kentucky's statute does not create a federal-style public-interest fee waiver you can apply for as of right. Readers often assume one exists because the federal FOIA has one. The practical cost control here is the statutory cap itself, which is more protective than a discretionary waiver would be for most ordinary requests.
Exemptions and the Unreasonable-Burden Refusal
The exemptions live in KRS 61.878 and cover the familiar categories, including records containing information of a personal nature where disclosure would be a clearly unwarranted invasion of personal privacy, preliminary drafts and recommendations, records of law-enforcement agencies compiled in the process of detecting and investigating statutory violations where premature release would harm the agency, and records made confidential by other state or federal law.
KRS 61.872(6) also lets an agency refuse a request that places an unreasonable burden on it, or a pattern of repeated requests it believes is intended to disrupt its essential functions. That refusal is not self-executing. The same subsection requires the agency to sustain it by clear and convincing evidence, which is a demanding standard and a meaningful check on agencies that would prefer to call every large request burdensome.
Police Records and Body Camera Footage
Ordinary police reports are requested under the Open Records Act, subject to the law-enforcement exemption in KRS 61.878 for records compiled in an active investigation.
Body-worn camera footage runs through a dedicated statute, KRS 61.168, enacted in 2018 and amended in 2022. Its structure is worth understanding because it cuts both ways.
The general rule is that bodycam disclosure is governed by the Open Records Act. Layered on top of that, KRS 61.168 gives an agency discretion to withhold footage that falls into fourteen enumerated privacy and safety categories. Those include footage showing the interior of a private residence, the interior of a medical facility, sexual or nude content, minors, deceased persons, witnesses or informants, and the location of a domestic-violence shelter.
Then comes the carve-back that matters most to the people who usually want this footage. If a recording depicts an encounter with a public safety officer involving a use of force, or depicts an incident leading to the detention or arrest of an individual, or is the subject of a formal complaint against the officer or agency, disclosure of that recording is governed solely by KRS 61.870 to 61.884. The fourteen discretionary categories do not apply to it, and the ordinary Open Records Act exemptions control instead.
In plain terms: the exact recordings that generate the most public interest, force incidents and arrests, are the ones the agency has the least discretion to withhold on privacy grounds. That does not make them automatically public, because normal exemptions such as an active investigation can still apply, but it removes the fourteen-category escape hatch.
KRS 61.168 also gives a person directly involved in the incident, or that person's representative, the ability to view footage on agency premises. Viewing is not the same as receiving a copy. If you were in the encounter, ask for both, and say clearly that you were involved.
For 911 audio and dispatch records, which are separate from bodycam footage, see our page on whether 911 calls are public records.
Appealing a Denial to the Attorney General
Kentucky's appeal path is genuinely strong, and it is free.
If an agency denies your request or fails to respond, you may appeal to the Kentucky Attorney General under KRS 61.880. The Attorney General reviews the request and the denial and must issue a written decision, called an Open Records Decision, within 20 days, excepting Saturdays, Sundays, and legal holidays. That period can be extended by up to 30 additional work days in unusual circumstances.
The teeth are in what happens next. A party has 30 days from the day the Attorney General renders the decision to appeal it to circuit court. If no appeal is filed within that 30-day window, the Attorney General's decision has the force and effect of law and is enforceable in the circuit court of the county where the public agency has its principal place of business, or where the record is maintained.
That is a meaningfully stronger position than the advisory-opinion model most states use. In a state where the AG can only suggest, an agency can absorb an adverse opinion and do nothing. In Kentucky, an agency that ignores an adverse Open Records Decision and does not appeal it is on the wrong side of an enforceable legal obligation.
You are not required to go through the Attorney General. A requester may instead bring an original action in circuit court. Most people should use the Attorney General route first because it costs nothing and requires no lawyer.
Records the Open Records Act Does Not Reach
Birth, death, and marriage certificates are vital records held by the Kentucky Office of Vital Statistics, with eligibility rules about who may obtain a certified copy. They are not Open Records Act records. Our Kentucky death records guide explains who qualifies and how to order.
Deeds and land records are county clerk records, covered in our Kentucky property records guide. Court case files and warrants are court records, not agency records; see Kentucky warrant search.
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Disclaimer
This article provides general legal information about the Kentucky Open Records Act as of August 2026. It is not legal advice and does not create an attorney-client relationship. Statutes, fee rules, and agency procedures change. If a records dispute affects your legal rights, consult an attorney licensed in Kentucky about your specific situation.
Last updated: 2026-08-04.
Frequently Asked Questions
Do I have to live in Kentucky to request public records there?
You have to qualify as a resident of the Commonwealth, but that statutory term is much broader than living in the state. Under KRS 61.870(10) it also covers anyone employed and working at a Kentucky location, anyone who owns Kentucky real property, domestic business entities with a Kentucky location, foreign business entities registered with the Secretary of State, anyone authorized to act on behalf of those people or entities, and news-gathering organizations. A genuinely unconnected out-of-state requester has no statutory right of inspection.
Can a Kentucky lawyer file an open records request for me if I live out of state?
KRS 61.870(10)(f) includes any individual or business entity authorized to act on behalf of a person or entity that qualifies under the other categories. That means an authorized representative can request for a qualifying principal. It does not turn a non-qualifying out-of-state person into a resident by hiring someone in Kentucky, so the underlying principal still has to fit one of the categories.
How long does a Kentucky agency have to respond?
Under KRS 61.880(1) the agency must determine within 5 days, excluding Saturdays, Sundays, and legal holidays, whether it will comply, and notify you in writing within that period. That is a deadline to decide and notify, not a deadline to hand over records. If a record is in active use or storage, KRS 61.872(5) requires the custodian to designate a place, time, and date for inspection not more than 5 days out, unless it gives a detailed explanation of the cause for a longer delay.
How much can Kentucky charge for copies?
For noncommercial requests, KRS 61.874 caps the fee at the actual cost of reproduction, including media and mechanical processing costs, but expressly excluding the cost of staff required. Commercial-purpose requests can be charged more, tied to the cost of production, creation, or acquisition, and the agency may require a certified statement of commercial purpose and a contract.
Is there a public-interest fee waiver in Kentucky?
Kentucky's Open Records Act does not create a federal-style public-interest fee waiver you can apply for as of right. The protection instead comes from the statutory cap itself, which excludes staff time from noncommercial copy charges. An agency may still reduce or waive a charge at its discretion, so asking costs nothing.
What happens if the agency ignores my request entirely?
A failure to respond within the 5-day period is itself a violation you can appeal. You may take it to the Attorney General under KRS 61.880, or bring an original action in circuit court.
Is a Kentucky Attorney General open records decision binding?
It becomes enforceable if nobody appeals it. A party has 30 days from the date the Attorney General renders the decision to appeal to circuit court. If no appeal is filed in that window, the decision has the force and effect of law and is enforceable in the circuit court of the county where the agency has its principal place of business or where the record is kept.
How long does the Attorney General take to decide an appeal?
KRS 61.880 requires a written decision within 20 days, excepting Saturdays, Sundays, and legal holidays, extendable by up to 30 additional work days in unusual circumstances.
Can I get body camera footage of my own arrest in Kentucky?
KRS 61.168 gives an agency discretion to withhold footage in fourteen privacy and safety categories, but that discretion does not apply to recordings depicting a use of force, an incident leading to detention or arrest, or an incident that is the subject of a formal complaint. Those are governed solely by the Open Records Act and its ordinary exemptions, which can still include an active investigation. A person directly involved in the incident, or that person's representative, may also view footage on agency premises, which is separate from receiving a copy.
Can an agency refuse because my request is too big?
It can assert under KRS 61.872(6) that the request places an unreasonable burden on the agency, or that repeated requests are intended to disrupt its essential functions, but that same subsection requires the agency to sustain the refusal by clear and convincing evidence. It is not a claim an agency can simply assert without support.
Does the agency have to mail me copies?
Under KRS 61.872(3)(b), an agency must mail copies to a resident whose residence or principal place of business is outside the county where the records are located, once that person precisely describes records that are readily available within the agency and pays the prescribed fee in advance, including postage where appropriate, under KRS 61.874(1). If you are in the same county, the agency can require in-person inspection instead.
Updates
Independently fact-checked against the cited primary sources
Sources and References
- KRS 61.870, definitions including the seven-part definition of resident of the Commonwealth(apps.legislature.ky.gov).gov
- KRS 61.872, right of inspection, application requirements, mailing of copies, and the unreasonable-burden refusal in 61.872(6)(apps.legislature.ky.gov).gov
- KRS 61.880, agency response deadline and appeal to the Attorney General(apps.legislature.ky.gov).gov
- KRS 61.874, fees for copies of public records(apps.legislature.ky.gov).gov
- KRS 61.168, body-worn camera recordings(apps.legislature.ky.gov).gov
- Kentucky Attorney General, Office of Open Records and Open Meetings, decisions and appeal process(ag.ky.gov).gov