2023 Kentucky Revised Statutes Chapter 431 - General provisions concerning crimes and punishments 431.076 Expungement of criminal records for those acquitted of crimes, for whom charges have been dismissed but not in exchange for a guilty plea to another charge, or against whom charges have not resulted in an indictment or an information filed by the Commonwealth's attorney -- Effects of an order of expungement -- Expungement by court or upon petition of person charged -- Exception for records in the custody of the Department for Community Based Services.
Universal Citation:
KY Rev Stat § 431.076 (2023)
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431.076 Expungement of criminal records for those acquitted of crimes, for whom
charges have been dismissed but not in exchange for a guilty plea to another
charge, or against whom charges have not resulted in an indictment or an
information filed by the Commonwealth's attorney -- Effects of an order of
expungement -- Expungement by court or upon petition of person charged -Exception for records in the custody of the Department for Community Based
Services.
(1)
(2)
(3)
(a)
On or after July 15, 2020, if a court enters an order of acquittal of criminal
charges against a person, or enters an order dismissing with prejudice all
criminal charges in a case against a person and not in exchange for a guilty
plea to another charge, the court shall order the record expunged upon the
expiration of thirty (30) days, unless the person objects to the expungement.
As used in this paragraph, "criminal charges" shall not include a traffic
infraction not otherwise classified as a misdemeanor. The order expunging the
records shall not require any action by the person.
(b) A person who has been charged with a criminal offense and who has been
acquitted of the charges, or against whom charges have been dismissed and
not in exchange for a guilty plea to another charge, and whose records have
not been expunged pursuant to paragraph (a) of this subsection, may petition
the court in which the disposition of the charges was made to expunge all
charges.
(c) A person against whom felony charges originally filed in the District Court
have not resulted in an indictment by the grand jury or in an information filed
by the Commonwealth's attorney may petition the District Court in which the
charges were filed to dismiss and expunge all charges for which an indictment
or information has not issued.
An expungement petition brought under subsection (1)(b) or (c) of this section shall
be filed no sooner than:
(a) Sixty (60) days following the order of acquittal or dismissal with prejudice by
the court;
(b) Six (6) months following the date of the District Court decision to hold the
matter to the grand jury; or
(c) For charges dismissed without prejudice:
1.
For felony charges, three (3) years following the date of the order of
dismissal without prejudice; or
2.
For misdemeanor charges, one (1) year following the date of the order of
dismissal without prejudice.
(a) If the court finds that the petition under subsection (1)(b) of this section is
properly brought, the court shall grant the petition and order the expunging of
the records.
(b) 1.
If the expungement petition is brought under subsection (1)(c) of this
section, the petition shall be served upon the offices of the county and
Commonwealth's attorneys that prosecuted the case.
2.
(4)
(5)
(6)
(7)
(8)
Following the filing of the petition, the court shall notify the county and
Commonwealth's attorneys of an opportunity for a response to the
petition. The response shall be filed within ninety (90) days after the
filing of the petition.
3.
If a response is not filed, ninety (90) days after the filing of the petition
the court shall dismiss the charges without prejudice and order the
expunging of the records.
4.
If a response is filed, ninety (90) days after the date the response is filed,
if an indictment has not issued, the court shall dismiss without prejudice
the charges for which an indictment has not issued and order the
expunging of the records.
An order of expungement pursuant to this section shall expunge all criminal records
in the custody of the court and any criminal records in the custody of any other
agency or official, including law enforcement records, but no order of expungement
pursuant to this section shall expunge records in the custody of the Department for
Community Based Services. 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.
(a) If an expungement is ordered under subsection (1)(a) or (b) of this section, an
appellate court which issued an opinion in the case shall 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 defendant's
name in the case title and body of the opinion.
(b) If an expungement is ordered under subsection (1)(c) of this section, an
appellate court which issued an 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.
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.
Except as provided in subsection (1)(a) of this section, this section shall be
retroactive.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 45, sec. 1, effective July 15, 2020. -- 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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