2013 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.
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431.076 Expungement of criminal records for those found not guilty of crimes
or for whom charges have been dismissed with prejudice.
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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.
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 expunging 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 expunging 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 expunge records, shall certify to the court within sixty (60) days of
the entry of the expungement order, that the required expunging action has
been completed. All orders enforcing the expungement procedure shall also be
expunged.
After the expungement, the proceedings in the matter shall be deemed never
to have occurred. The court and other agencies shall delete or remove the
records from their computer systems so that any official state-performed
background check will indicate that the records do not exist. 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.
This section shall be retroactive.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 69, sec. 16, effective June 25, 2013. --
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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