2014 Kentucky Revised Statutes
CHAPTER 17 - PUBLIC SAFETY
17.142 Segregation of criminal records.
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<![CDATA[17.142 Segregation of criminal records.
(1)
(2)
(3)
(4)
Each law enforcement or other public agency in possession of arrest records,
fingerprints, photographs, or other data whether in documentary or electronic
form shall upon written request of the arrestee as provided herein segregate all
records relating to the arrestee in its files in a file separate and apart from
those of convicted persons, if the person who is the subject of the records:
(a) Is found innocent of the offense for which the records were made; or
(b) Has had all charges relating to the offense dismissed; or
(c) Has had all charges relating to the offense withdrawn.
A person who has been arrested and then has come within the purview of
subsection (1) of this section may apply to the court in which the case was
tried, or in which it would have been tried in the event of a dismissal or
withdrawal of charges, for segregation of the records in the case. Upon receipt
of such application the court shall forthwith issue an order to all law
enforcement agencies in possession of such records to segregate the records
in accordance with the provisions of this section.
Each law enforcement agency receiving an order to segregate records shall
forthwith:
(a) Segregate the records in its possession in a file separate and apart from
records of convicted persons;
(b) Notify all agencies with which it has shared the records or to which it has
provided copies of the records to segregate records; and
(c) All records segregated pursuant to this section shall show disposition of
the case.
Records subject to the provisions of KRS 431.076 or 431.078 shall be sealed
as provided in those statutes.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 374, sec. 2, effective July 15, 1996. -Created 1980 Ky. Acts ch. 127, sec. 1, effective July 15, 1980.
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