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202A.091 Confidentiality of court records -- Expungement.
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The court records of a respondent made in all proceedings pursuant to KRS
Chapter 202A are hereby declared to be confidential and shall not be open to
the general public for inspection except when such disclosure is provided in
KRS 202A.016.
Following the discharge of a respondent from a treatment facility or the
issuance of a court order denying a petition for a commitment, a respondent
may at any time move to have all court records pertaining to the proceedings
expunged from the files of the court. The county attorney shall be given notice
of any such motion and shall have five (5) days in which to respond to same or
request a hearing thereon.
Any person seeking information contained in the court files or the court records
of proceedings involving persons under this chapter may file a written motion in
the cause setting out why the information is needed. A District Judge may
issue an order to disclose the information sought if he finds such order is
appropriate under the circumstances and if he finds it is in the best interest of
the person or of the public to have such information disclosed.
Effective:July 1, 1982
History: Created 1982 Ky. Acts ch. 445, sec. 17, effective July 1, 1982.
Legislative Research Commission Note. This section was enacted in 1982 Acts,
Chapter 445, which contains the following language in Section 45 of that Act:
"This Act shall become effective on July 1, 1982." The Ky. Constitution, in
Section 55, requires that a reason be set forth for the emergency. However, no
reason is set forth in this Act. The effective date for 1982 Acts with no
emergency provision is July 15, 1982.
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