2019 Kentucky Revised Statutes Chapter 431 - General provisions concerning crimes and punishments 431.076 Expungement of criminal records for those found not guilty of crimes, for whom charges have been dismissed, or against whom charges have not resulted in an indictment.
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431.076 Expungement of criminal records for those found not guilty of crimes, for
whom charges have been dismissed, or against whom charges have not resulted
in an indictment.
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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 and not in
exchange for a guilty plea to another offense, or against whom felony charges
originally filed in the District Court have not resulted in an indictment by the grand
jury, may petition the District or Circuit Court in which the charges were filed to
expunge all records.
The expungement petition shall be filed no sooner than sixty (60) days following
the order of acquittal or dismissal with prejudice by the court, twelve (12) months
following the date of the District Court decision to hold the matter to the grand jury,
or five (5) years following the date of the order of dismissal without prejudice. The
petition shall be served upon the office of the Commonwealth's attorney or county
attorney that prosecuted the case.
Following the filing of the petition, 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 petition. 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 petition. The counsel for the Cabinet
for Health and Family Services shall respond to the expungement petition, 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 petition 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 petition
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. If
the expungement petition pertains to felony charges originally filed in the District
Court which have not resulted in an indictment by the grand jury, and the Circuit
Court or District Court grants the motion, it shall dismiss the charges and order the
expunging of the 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.
If an expungement is ordered under this section, an appellate court which issued an
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opinion in the case may, upon motion of the petitioner in the case, order the
appellate case file to be sealed and also direct that the version of the appellate
opinion published on the court's Web site be modified to avoid use of the
petitioner's name in the case title and body of the opinion.
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 27, 2019
History: Amended 2019 Ky. Acts ch. 188, sec. 2, effective June 27, 2019. -- Amended
2016 Ky. Acts ch. 94, sec. 2, effective July 15, 2016. -- 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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