Marshall County Arrest Records
How To Look Up Arrest Records in Marshall County in 2026
MarshallCountyRecords.us provides access to publicly available information related to arrest records in Marshall County, Kentucky. Members of the public may find booking records, charge information, custody status, court case data, and related criminal justice records through this resource. Record categories available through official and third-party channels include:
- Booking and arrest logs
- Jail roster and inmate status
- Court case filings linked to arrests
- Criminal history summaries
- Bond and release information
Records can be searched through official resources, clerk offices, public access terminals, and online tools. The following sections detail all available methods.
1. County Sheriff's Office Arrest Records
The Marshall County Sheriff's Office coordinates law enforcement across the county and maintains arrest and booking records for individuals processed through the county jail. The Sheriff's Office website provides access to current inmate information, including charges, booking dates, and custody status. Records are updated as bookings occur and reflect real-time custody data where available.
Marshall County Sheriff's Office
52 Judicial Drive
Benton, KY 42025
Phone: (270) 527-3112
Marshall County Sheriff's Office
2. Local Police Departments
The City of Benton Police Department serves the county seat and maintains its own arrest logs and incident records. Press releases and public notices regarding arrests may be issued through the department's official channels. Members of the public seeking arrest information from municipal jurisdictions within Marshall County should contact the relevant city police department directly.
Benton Police Department
105 W 11th Street
Benton, KY 42025
Phone: (270) 527-8621
3. County Clerk of Court Case Search
The Marshall County Circuit Court Clerk serves as the official repository for court records arising from arrests in the county. As noted by the Kentucky Court of Justice, "The Office of Circuit Court Clerk in each county is the starting point for requesting copies of court records from cases in that county." Members of the public may search by arrestee name to locate associated criminal case filings, charge dispositions, and court dates.
Marshall County Circuit Court Clerk
80 Judicial Drive
Benton, KY 42025
Phone: (270) 527-4740
Marshall - Kentucky Court of Justice
4. State Law Enforcement Database
The Kentucky Department of Corrections maintains the Kentucky Online Offender Lookup, which allows members of the public to search for individuals currently or previously under the supervision of the Kentucky Department of Corrections. The database includes offender name, physical description, current status, and offense information. The Kentucky Department of Corrections notes that "any misuse of the information presented by this website to harass an offender is a criminal offense punishable by law." No fee is required to conduct a basic search through this state-level tool.
Additionally, the Kentucky State Police Open Records Request portal allows members of the public to submit formal requests for criminal history records maintained at the state level. Requests must be submitted in writing and may be subject to applicable fees under KRS § 61.874.
In-Person Access:
Sheriff's Office:
- Address: 52 Judicial Drive, Benton, KY 42025
- Records division is located within the main Sheriff's Office building
- Hours: Monday–Friday, 8:00 AM–4:30 PM
- Phone: (270) 527-3112
- What to bring: Valid government-issued photo identification and any known arrest details
- Fees for copies: $0.10 per page for standard copies, per Kentucky Open Records Act provisions
Clerk of Court:
- Address: 80 Judicial Drive, Benton, KY 42025
- Criminal records division handles case file requests
- Hours: Monday–Friday, 8:00 AM–4:30 PM
- Phone: (270) 527-4740
- Case file inspection is available during regular business hours
- Copy fees: $0.25 per page for certified copies; $0.10 per page for uncertified copies
By Mail:
- Mailing address: Marshall County Sheriff's Office, 52 Judicial Drive, Benton, KY 42025
- Written requests should include:
- Full legal name of the subject
- Date of arrest, if known
- Booking number, if known
- Requestor's full name and return mailing address
- Include a check or money order payable to the Marshall County Sheriff's Office for applicable copy fees
- Processing time: Typically three to five business days for standard requests
By Phone:
- Sheriff's Office: (270) 527-3112
- Callers should have the subject's full name, date of birth, and approximate arrest date available
- Detailed record information is not released by phone; callers may be directed to submit a written request or visit in person
Through Legal Channels:
- Licensed attorneys may submit formal records requests on behalf of clients
- Subpoenas may be issued for records in active legal proceedings
- Discovery requests in criminal cases are governed by 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, Benton Police, or other agency)
Are Arrest Records Public in Marshall County
Arrest records in Marshall County are public records under Kentucky law. The Kentucky Open Records Act, KRS § 61.870 et seq., 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. The public access policy reflects the state's commitment to government transparency, public safety awareness, accountability in law enforcement, and the informational needs of journalists, researchers, employers, and legal professionals.
What Arrest Information Is Public:
- Arrestee name and known aliases
- Date and time of arrest
- Location of arrest
- Arresting agency
- Charges filed at the time of arrest
- Booking number
- Booking photograph (mugshot)
- Bond and bail information
- Current custody status
- Basic demographic information, including age and physical description
Limitations on Public Access:
- Juvenile arrest records are restricted or sealed under Kentucky law
- Expunged arrest records are removed from public access following a court order
- Sealed records are subject to court-ordered confidentiality
- Information related to active investigations may be withheld
- Undercover officer identities are exempt from disclosure
- Confidential informant information is protected
- Victim identifying information may be withheld in certain cases
- Witness protection participants are exempt from disclosure
Constitutional and Legal Basis:
The Kentucky Constitution and the Open Records Act together establish the framework for public access to government records. The First Amendment to the U.S. Constitution supports press access to arrest information as a matter of public interest. Courts have consistently recognized that the public's right to know must be balanced against individual privacy interests, particularly where charges have not resulted in 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 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 decisions. Employers and landlords using arrest records obtained through 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 individual jurisdictions may have adopted local ordinances. An important distinction exists between arrest records and conviction records: an arrest does not constitute a finding of guilt, and use of arrest records without conviction in employment decisions may be subject to challenge under applicable anti-discrimination law.
What's in Marshall County Arrest Records
Personal Identification Information:
- Full legal name and any aliases or "also known as" names
- Date of birth and age at time of arrest
- Sex and gender
- Race and ethnicity
- Height and weight
- Eye color and hair color
- Identifying marks such as scars or tattoos
- Address at time of arrest, which may be partially redacted
Arrest Details:
- Arrest date and time
- Location of arrest, including street address or general area
- Arresting agency (Sheriff's Office, Benton Police Department, Kentucky State Police, or other)
- Arresting officer name and badge number, where available
- Booking date and time
- Booking number or arrest number
- Warrant information, if applicable
Charges Information:
- Specific criminal charges
- Kentucky Revised Statute numbers violated
- Charge descriptions
- Classification by felony degree or misdemeanor class
- Number of counts for each charge
- Domestic violence designation, if applicable
Booking Information:
- Booking facility name and location
- Intake process timestamp
- Booking photograph (mugshot)
- Fingerprints are collected during booking but are not included in public records
Custody and Bond Information:
- Current custody status (in custody, released, or bonded out)
- Bond amount as set by the court
- Bond type, including cash bond, surety bond, personal recognizance bond, or no bond
- Release date and time, if applicable
- Release conditions, where public
Court Information:
- Court case number assigned
- Court jurisdiction
- Scheduled arraignment date
- Court location
- Judge assignment, where available
What's Typically NOT in Public Arrest Records:
- Detailed narrative of the arrest from the police report
- Witness statements
- Victim identifying information
- Evidence collected during the investigation
- Medical or mental health information
- Social Security number (redacted)
- Financial account information
Difference Between Arrest Records and Related Documents:
- Police reports: Contain more detailed incident narratives and investigative information
- Court records: Document legal proceedings that occur after the arrest
- Criminal records: Reflect convictions and sentences imposed by courts
- Background checks: Comprehensive screenings drawing from multiple sources
How Much Does It Cost to Get Arrest Records in Marshall County?
The cost to obtain arrest records in Marshall County is governed by the Kentucky Open Records Act. Under KRS § 61.874, public agencies may charge a reasonable fee for copies of public records, but may not charge for the inspection of records.
| Record Type | Fee |
|---|---|
| Standard paper copies | $0.10 per page |
| Certified court copies | $0.25 per page |
| Electronic records (where available) | No charge or nominal fee |
| Record inspection (in person) | No charge |
| Certification of records | Varies by office |
- Inspection of records at the Sheriff's Office or Clerk of Court is available at no charge during regular business hours
- Copy fees apply when a requestor asks for physical or electronic reproductions
- The Marshall County Circuit Court Clerk may charge $0.25 per page for certified copies of court records
- Accepted payment methods at the Sheriff's Office and Clerk of Court include cash, check, and money order payable to the respective office
- Fee waivers may be available for indigent requestors or members of the media, subject to agency discretion
- Kentucky State Police criminal history record checks conducted for non-criminal justice purposes are subject to a separate fee schedule established by the Kentucky State Police
How To Delete Arrest Records in Marshall County
Kentucky law provides two primary mechanisms for removing or restricting public access to arrest records: expungement (legal erasure of the record) and sealing (restricting public access while preserving the record for law enforcement purposes). Expungement results in the destruction or erasure of the record, while sealing restricts public access but allows law enforcement agencies to retain and access the record.
Under KRS § 431.073, individuals who were arrested but not convicted may petition for expungement of their arrest records. Eligible circumstances include:
- Charges that were dismissed
- Acquittals following trial
- Cases in which the prosecutor declined to file charges
- Successful completion of a pretrial diversion program
Individuals convicted of certain misdemeanors may also be eligible for expungement after a waiting period, subject to the specific offense and the individual's criminal history. Felony expungement is available for a limited category of offenses under Kentucky law, following a five-year waiting period after completion of the sentence.
Steps to Petition for Expungement:
- Obtain a copy of the arrest record and associated court case information from the Marshall County Circuit Court Clerk
- Confirm eligibility based on the charge type, disposition, and applicable waiting period
- Complete the petition for expungement form, available through the Kentucky Court of Justice
- File the petition with the Marshall County Circuit Court Clerk at 80 Judicial Drive, Benton, KY 42025
- Pay the applicable filing fee (currently $100 for eligible misdemeanor expungements; no fee for certain dismissed charges)
- Attend the scheduled hearing if required by the court
- Upon entry of the expungement order, notify the Kentucky State Police and other relevant agencies to update their records
Marshall County Circuit Court Clerk
80 Judicial Drive
Benton, KY 42025
Phone: (270) 527-4740
Marshall - Kentucky Court of Justice
Individuals seeking expungement are advised to consult with a licensed Kentucky attorney to assess eligibility and navigate the petition process. The Kentucky Bar Association's Lawyer Referral Service can assist in locating qualified counsel.
What Happens After Arrest in Marshall County?
Immediate Post-Arrest Process:
1. Transport to Jail
Following an arrest in Marshall County, the arrested individual is transported to the Marshall County Detention Center for booking and processing. Transport time varies based on the location of the arrest within the county.
Marshall County Detention Center
52 Judicial Drive
Benton, KY 42025
Phone: (270) 527-3112
Marshall County Detention Center
2. Booking Process
Upon arrival at the Detention Center, the arrested individual undergoes a standard booking process that includes:
- Recording of personal identification information
- Advisement of Miranda rights, if not previously given
- Booking photograph (mugshot)
- Fingerprint collection
- Criminal history and outstanding warrant check
- Inventory and storage of personal property
- Medical and mental health screening
- Housing classification assignment
The booking process typically takes one to four hours depending on facility volume.
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 48 hours following a warrantless arrest. At the initial appearance, the court:
- Formally notifies the defendant of the charges
- Appoints a public defender if the defendant is indigent
- Determines bond or bail
- Advises the defendant of their rights
Hearings may be conducted via video conference from the Detention Center.
Bond/Bail Process:
Types of Bond:
Cash Bond: The full bond amount must be paid in cash. The amount is refunded at the conclusion of the case, minus applicable fees, provided the defendant appears at all required court dates.
Surety Bond: The defendant may engage a licensed bail bondsman, who posts the full bond amount in exchange for a non-refundable premium, typically ten percent of the total bond.
Personal Recognizance (PR Bond): The defendant is released on a written promise to appear, without monetary payment. Eligibility is based on community ties, employment, criminal history, the nature of the charges, and assessed flight risk.
No Bond: The defendant is held without bond 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 may include check-in requirements, travel restrictions, no-contact orders, drug and alcohol testing, GPS monitoring, and pretrial supervision.
4. Release or Continued Detention
If bond is posted, the defendant is processed for release, which typically takes one to eight hours. The defendant receives a court date, written conditions of release, and a return of personal property. Failure to appear at any required court date results in bond forfeiture and issuance of an arrest warrant.
If bond is not posted, the defendant remains in custody, receives a housing assignment, and is oriented to facility rules, commissary access, phone privileges, and visitation schedules. The Marshall County Detention Center permits visitation Tuesday through Saturday, with each inmate allowed one 20-minute visit per week.
Accessing Legal Representation:
Public Defender:
Defendants who cannot afford private counsel are entitled to appointed representation. Eligibility is determined based on income. The Department of Public Advocacy serves Marshall County.
Department of Public Advocacy – Paducah Office
201 Broadway Street, Suite 700
Paducah, KY 42001
Phone: (270) 575-7200
Private Attorney:
Defendants have the right to retain private counsel at any stage of the proceedings. Attorney visits at the Detention Center are confidential and may be arranged through the facility.
Charging Decision:
The Commonwealth's Attorney for Marshall County reviews the arrest and determines whether to file formal charges, request additional investigation, decline prosecution, or file different charges. For felony offenses, a grand jury may be convened to determine whether probable cause exists to proceed with an indictment.
Arraignment:
At arraignment, the defendant is formally advised of the charges and enters a plea of not guilty, guilty, or no contest. Most defendants enter an initial not guilty plea, and the court sets subsequent hearing dates.
Court Process Overview:
The pretrial phase includes discovery, pretrial motions, pretrial conferences, and plea negotiations. Case resolution may occur through dismissal, diversion program completion, a negotiated plea agreement, or trial. If convicted, the defendant proceeds to a sentencing hearing at which the judge may impose incarceration, probation, fines, restitution, community service, treatment requirements, or a combination thereof.
Timeline Overview:
- Arrest to first appearance: Within 48 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 a few months
- Felonies: May take six months to over one year
- Right to speedy trial: Guaranteed under the Sixth Amendment to the U.S. Constitution and Section 11 of the Kentucky Constitution
Rights Throughout the 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:
Marshall County Sheriff's Office / Detention Center
52 Judicial Drive
Benton, KY 42025
Phone: (270) 527-3112
Marshall County Sheriff's Office
Marshall County Circuit Court Clerk
80 Judicial Drive
Benton, KY 42025
Phone: (270) 527-4740
Marshall - Kentucky Court of Justice
Marshall County Commonwealth's Attorney
80 Judicial Drive
Benton, KY 42025
Phone: (270) 527-3536
Department of Public Advocacy – Paducah Office
201 Broadway Street, Suite 700
Paducah, KY 42001
Phone: (270) 575-7200
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 without counsel 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 Marshall County?
Records Retention Overview:
Retention of arrest records in Marshall County is governed by Kentucky state law and the records retention schedules established by the Kentucky Department for Libraries and Archives. Local law enforcement agencies and courts are required to maintain records in accordance with these schedules.
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, and the FBI's National Crime Information Center (NCIC)
- Part of the individual's permanent criminal history
Misdemeanor Convictions:
- Retained permanently by the Circuit Court Clerk
- Local law enforcement records retained for a minimum of five years, subject to agency policy
- State repository retains records permanently
Arrest Records (No Conviction):
Dismissed Charges:
- Local law enforcement records: Retained for a minimum of three to five years
- Court records: Often retained permanently unless expunged
- State repository: Records may remain unless expungement is ordered
Acquittals:
- Court records: Retained permanently
- Local law enforcement: Retained for a minimum of three years
- May be sealed or expunged upon petition
Charges Not Filed:
- Booking records: Retained for a minimum of three years
- May be eligible for expungement
Digital vs. Physical Records:
Physical Records:
- Booking paperwork and fingerprint cards: Retained per state schedule, minimum five years for most categories
- Photographs: Retained for the duration of the associated record
Digital Records:
- Records management systems: Often retained permanently
- Court electronic records: Retained permanently
- Mugshot databases: Retention varies by agency and third-party platform
Third-Party Databases:
- Commercial background check companies may retain records indefinitely and are not controlled by law enforcement
- The FCRA requires consumer reporting agencies to maintain accurate records and to update information when notified of expungements or corrections
Retention by Agency:
Sheriff's Office:
- Booking records: Minimum five years
- Arrest reports: Minimum five years
- Investigative files: Varies by case type and outcome
- Contact: (270) 527-3112
Clerk of Court:
- Felony case files: Permanent
- Misdemeanor case files: Minimum ten years
- Traffic cases: Minimum five years
- Electronic records: Permanent
State Repository:
- The Kentucky State Police maintains the state criminal history repository and retains records from all jurisdictions in Kentucky
- Retention policy follows state statute and federal requirements
FBI Database:
- The NCIC and Interstate Identification Index (III) retain records at the federal level, typically permanently
- Accessible to law enforcement agencies nationwide for background checks related to employment, firearms, and other purposes
Effect of Disposition on Retention:
- Conviction: Permanent retention in all major databases; appears on background checks indefinitely
- Dismissal: May remain in databases unless expunged; not always reported on standard background checks
- Expungement: Local records are destroyed or sealed; state repository updates its records; FBI database may retain a notation; removal from third-party databases is not guaranteed and may require separate action
- No Charges Filed: Shortest retention period; may be purged automatically after three years in some cases
Impact on Background Checks:
Under the federal Fair Credit Reporting Act, most employment background checks cover a seven-year period for non-conviction records. Convictions may be reported indefinitely. Kentucky does not currently impose a statewide restriction on reporting conviction records beyond the FCRA framework. Arrests without conviction may not be reported by compliant consumer reporting agencies after seven years in many standard employment screening contexts.
How to Check Retention Status:
- Contact the Marshall County Sheriff's Records Division at (270) 527-3112
- Submit a written public records request specifying the arrest date and subject name
- Fees may apply for copies of responsive records