2011 Kentucky Revised Statutes CHAPTER 431 GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS 431.076 Expungement of criminal records for those found not guilty of crimes or for whom charges have been dismissed with prejudice.
KY Rev Stat § 431.076 (1996 through Reg Sess) What's This?
431.076 Expungement of criminal records for those found not guilty of crimes or
for whom charges have been dismissed with prejudice.
(1)
(2)
(3)
(4)
(5)
(6)
A person who has been charged with a criminal offense and who has been found not
guilty of the offense, or against whom charges have been dismissed with prejudice,
and not in exchange for a guilty plea to another offense, may make a motion, in the
District or Circuit Court in which the charges were filed, to expunge all records
including, but not limited to, arrest records, fingerprints, photographs, index
references, or other data, whether in documentary or electronic form, relating to the
arrest, charge, or other matters arising out of the arrest or charge.
The expungement motion shall be filed no sooner than sixty (60) days following the
order of acquittal or dismissal by the court.
Following the filing of the motion, the court may set a date for a hearing. If the
court does so, it shall notify the county or Commonwealth's attorney, as appropriate,
of an opportunity for a response to the expungement motion. In addition, if the
criminal charge relates to the abuse or neglect of a child, the court shall also notify
the Office of General Counsel of the Cabinet for Health and Family Services of an
opportunity for a response to the expungement motion. The counsel for the Cabinet
for Health and Family Services shall respond to the expungement motion, within
twenty (20) days of receipt of the notice, which period of time shall not be extended
by the court, if the Cabinet for Health and Family Services has custody of records
reflecting that the person charged with the criminal offense has been determined by
the cabinet or by a court under KRS Chapter 620 to be a substantiated perpetrator of
child abuse or neglect. If the cabinet fails to respond to the expungement motion or
if the cabinet fails to prevail, the order of expungement shall extend to the cabinet's
records. If the cabinet prevails, the order of expungement shall not extend to the
cabinet's records.
If the court finds that there are no current charges or proceedings pending relating to
the matter for which the expungement is sought, the court may grant the motion and
order the sealing of all records in the custody of the court and any records in the
custody of any other agency or official, including law enforcement records. The
court shall order the sealing on a form provided by the Administrative Office of the
Courts. Every agency, with records relating to the arrest, charge, or other matters
arising out of the arrest or charge, that is ordered to seal records, shall certify to the
court within sixty (60) days of the entry of the expungement order, that the required
sealing action has been completed. All orders enforcing the expungement procedure
shall also be sealed.
After the expungement, the proceedings in the matter shall be deemed never to have
occurred. The court and other agencies shall reply to any inquiry that no record
exists on the matter. 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.
Inspection of the expunged records may thereafter be permitted by the court only
upon a motion by the person who is the subject of the records and only to those
persons named in the motion.
(7)
This section shall be retroactive.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 648, effective June 20, 2005. -- Amended
2000 Ky. Acts ch. 426, sec. 1, effective July 14, 2000. -- Created 1996 Ky. Acts
ch. 374, sec. 1, effective July 15, 1996.
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