A 16-year-old in Lexington is walking home from a friend's house when an officer stops him and, after a few questions, puts him in the back of a cruiser. His mother is at work across town. Kentucky law tells that officer what has to happen next, and it starts with a phone call to her. This article covers the custody rules, the line between juvenile and adult court, and how a Kentucky juvenile record can be erased.
What the officer must do after taking you into custody
Under KRS 610.200, when a Kentucky officer takes a child into custody on a charge, the officer must immediately tell the child about their constitutional rights. The officer must also notify a parent (or, if no parent is available, a relative, guardian, or other caregiver) that the child is in custody, name the specific charges and the statute involved, and explain why.
In most cases the officer then releases the child to a parent, who signs a written promise to bring the child to court. If the child is not released, the officer must contact a court-designated worker (a court employee who handles juvenile intake), who can release the child or approve holding them for up to 12 more hours. A child 10 or younger generally cannot be placed in a juvenile detention facility.
The national floor is In re Gault (1967). The U.S. Supreme Court held that a young person facing a juvenile case that could lead to confinement has the right to notice of the charges, a lawyer (appointed free if the family cannot pay), and the right not to incriminate themselves.
Juvenile court, and when a case moves to adult court
In Kentucky, juvenile cases start in District Court, and the juvenile system covers offenses committed before a person's 18th birthday. Most cases stay there.
KRS 635.020 sets the exceptions. If a child was 14 or older and is charged with a capital offense or a Class A or B felony (the most serious felonies), the county attorney can ask that the child be tried as a 'youthful offender' (a young person tried in adult Circuit Court). The same is true at 14 for a felony in which a firearm was used, and at 16 for a Class C or D felony if the child already has one prior felony adjudication. A judge holds a preliminary hearing first. A youthful offender convicted in Circuit Court stays in a juvenile or youthful offender facility until age 18.
Clearing a Kentucky juvenile record
KRS 610.330 lets a young person ask the court to expunge (erase) most juvenile offenses, and the court must tell them about that right when the case ends. The petition usually can be filed two years after the court's supervision ends. Sex crimes and offenses that count as violent offenses are not eligible. If a judge dismisses the case or finds the child not delinquent, the court must order the record expunged on its own, with nothing required from the child.
Once a record is expunged, the case is treated as if it never happened, and you do not have to mention it on a job application.
Where to get help in Kentucky
If you are taken into custody, stay calm, do not resist, and say clearly that you want your parent and a lawyer before answering questions. Kentucky's statewide public defender agency is the Department of Public Advocacy, and it represents young people who cannot afford a lawyer. Ask the court-designated worker or the judge how to reach it.
We did not find a statewide youth curfew in the Kentucky statutes we reviewed. Curfews here are generally set by a city or county, so check your own local ordinance.
Remember this
- A Kentucky officer who takes you into custody must tell you your rights, call a parent or caregiver, and name the specific charges.
- Most cases stay in juvenile court, but at 14 the most serious felonies can be moved to adult Circuit Court.
- Most juvenile records can be expunged two years after the case ends, and dismissed cases are erased automatically.
- Ask for your parent and a lawyer; the Department of Public Advocacy represents young people who cannot pay.
Sources
- Kentucky Legislative Research Commission: KRS 610.200 Duties of peace officer (opens in a new tab)
- Kentucky Legislative Research Commission: KRS 635.020 Criteria for determining how child is to be tried (opens in a new tab)
- Kentucky Legislative Research Commission: KRS 610.330 Expungement of juvenile court records (opens in a new tab)
- Legal Information Institute: In re Gault, 387 U.S. 1 (1967) (opens in a new tab)
This article provides general educational information, not individualized legal advice. KidsKnowRights is not a law firm, and reading this article does not create an attorney-client relationship. Laws vary by state, age, and circumstances, and they change over time. For advice about a real situation, talk with a licensed attorney or a legal aid organization.