2011 Kentucky Revised Statutes CHAPTER 431 GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS 431.078 Expungement of misdemeanor and violation records of convictions and dismissed or amended charges.
KY Rev Stat § 431.078 (1996 through Reg Sess) What's This?
431.078 Expungement of misdemeanor and violation records of convictions and
dismissed or amended charges.
(1)
(2)
(3)
(4)
(5)
(6)
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,
including a record of any charges for misdemeanors or violations that were
dismissed or amended in the criminal action. The person shall be informed of the
right at the time of adjudication.
Except as provided in KRS 218A.275(8) and 218A.276(8), 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.
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.
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.
Upon the entry of an order to seal the records, and payment to the circuit clerk of
one hundred dollars (0), 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 first fifty dollars () of each fee collected
pursuant to this subsection shall be deposited into the general fund, and the
remainder shall be deposited into a trust and agency account for deputy clerks.
Copies of the order shall be sent to each agency or official named therein.
(7)
(8)
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.
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: June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 97, effective June 8, 2011. -- Amended
2008 Ky. Acts ch. 158, sec. 7, effective July 1, 2008. -- Amended 1996 Ky. Acts
ch. 374, sec. 3, effective July 15, 1996. -- Created 1992 Ky. Acts ch. 325, sec. 1,
effective July 14, 1992.
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