6. Compilations of criminal histories.

Open, however, the primary compiler of criminal histories is the Administrative Office of the Courts, an entity not subject to the ORA. Ex Parte Farley, 570 S.W.2d 617, 624 (Ky. 1978) (“[T]he custody and control of the records generated by the courts in the course of their work are inseparable from the judicial function itself, and are not subject to regulation.”). 

If a database exists and is subject to the ORA, a requester is entitled to have a search for nonexempt material in that database. However, “a public agency is not required to create a list or a database to satisfy a particular request.” 93-ORD-118. See also Commonwealth v. Courier-Journal, Franklin Circuit Court No. 08-CI-863 (May 15, 2009) (Kentucky State Police was required to supply newspaper with electronic database of sex offenders in ASCII format, even though data was stored in a different, proprietary format.)