2006 Kentucky Revised Statutes - .078   Expungement of misdemeanor and violation conviction records.

431.078 Expungement of misdemeanor and violation conviction records. (1) Any person who has been convicted of a misdemeanor or a violation, or a series of misdemeanors or violations arising from a single incident, may petition the court in which he was convicted for expungement of his misdemeanor or violation record. The person shall be informed of the right at the time of adjudication. (2) The petition shall be filed no sooner than five (5) years after the completion of the person's sentence or five (5) years after the successful completion of the person's probation, whichever occurs later. (3) Upon the filing of a petition, the court shall set a date for a hearing and shall notify the county attorney; the victim of the crime, if there was an identified victim; and any other person whom the person filing the petition has reason to believe may have relevant information related to the expungement of the record. Inability to locate the victim shall not delay the proceedings in the case or preclude the holding of a hearing or the issuance of an order of expungement. (4) The court shall order sealed all records in the custody of the court and any records in the custody of any other agency or official, including law enforcement records, if at the hearing the court finds that: (a)  The offense was not a sex offense or an offense committed against a child; (b)  The person had no previous felony conviction; (c)  The person had not been convicted of any other misdemeanor or violation offense in the five (5) years prior to the conviction sought to be expunged; (d)  The person had not since the time of the conviction sought to be expunged been convicted of a felony, a misdemeanor, or a violation; (e)  No proceeding concerning a felony, misdemeanor, or violation is pending or being instituted against him; and (f)  The offense was an offense against the Commonwealth of Kentucky. (5) Upon the entry of an order to seal the records, and payment to the circuit clerk of twenty-five dollars ($25), the proceedings in the case shall be deemed never to have occurred; all index references shall be deleted; the persons and the court may properly reply that no record exists with respect to the persons upon any inquiry in the matter; and the person whose record is expunged shall not have to disclose the fact of the record or any matter relating thereto on an application for employment, credit, or other type of application. The fee collected pursuant to this subsection shall be deposited into a trust and agency account for deputy clerks. (6) Copies of the order shall be sent to each agency or official named therein. (7) Inspection of the records included in the order may thereafter be permitted by the court only upon petition by the person who is the subject of the records and only to those persons named in the petition. (8) This section shall be deemed to be retroactive, and any person who has been convicted of a misdemeanor prior to July 14, 1992, may petition the court in which he was convicted, or if he was convicted prior to the inception of the District Court to the District Court in the county where he now resides, for expungement of the record of one (1) misdemeanor offense or violation or a series of misdemeanor offenses or violations arising from a single incident, provided that the offense was not one specified in subsection (4) and that the offense was not the precursor offense of a felony offense for which he was subsequently convicted. This section shall apply only to offenses against the Commonwealth of Kentucky. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 374, sec. 3, effective July 15, 1996. -- Created 1992 Ky. Acts ch. 325, sec. 1, effective July 14, 1992.