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AN ACT relating to expungement. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 431.078 is amended to read as follows: 3
(1) Any person who has been convicted of: 4
(a) A misdemeanor, a violation, or a traffic infraction not otherwise classified as a 5
misdemeanor or violation, or a series of misdemeanors, violations, or traffic 6
infractions arising from a single incident; or 7
(b) A series of misdemeanors, violations, or traffic infractions not arising from a 8
single incident; 9
may petition the court in which he or she was convicted for expungement of his or 10
her misdemeanor or violation record within that judicial district, including a record 11
of any charges for misdemeanors, violations, or traffic infractions that were 12
dismissed or amended in the criminal action. The person shall be informed of the 13
right at the time of adjudication. 14
(2) Except as provided in KRS 218A.275(8) and 218A.276(8), the petition shall be 15
filed no sooner than five (5) years after the completion of the person's sentence or 16
five (5) years after the successful completion of the person's probation, whichever 17
occurs later. 18
(3) Upon the filing of a petition, the court shall set a date for a hearing, no sooner than 19
thirty (30) days after the filing of the petition, and shall notify the county attorney; 20
the victim of the crime, if there was an identified victim; and any other person 21
whom the person filing the petition has reason to believe may have relevant 22
information related to the expungement of the record. Inability to locate the victim 23
shall not delay the proceedings in the case or preclude the holding of a hearing or 24
the issuance of an order of expungement. 25
(4) For a petition brought under subsection (1)(a) of this section, the court shall order 26
expunged all records in the custody of the court and any records in the custody of 27 UNOFFICIAL COPY 22 RS SB 33/GA
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any other agency or official, including law enforcement records, if at the hearing the 1
court finds that: 2
(a) The offense was not a sex offense or an offense committed against a child; 3
(b) 1. If the offense is subject to enhancement to a felony, the person had 4
not in the ten (10) years prior to the filing of the petition for 5
expungement been convicted of a felony or a misdemeanor; or 6
2. The person had not in the five (5) years prior to the filing of the petition 7
for expungement been convicted of a felony or a misdemeanor; 8
(c) No proceeding concerning a felony or misdemeanor is pending or being 9
instituted against the person; and 10
(d) 1. The offense is not one subject to enhancement for a second or 11
subsequent offense; or 12
2. If the offense is subject to enhancement for a second or subsequent 13
offense: 14
a. If the law does not specify a period for enhancement: 15
i. If the offense is subject to enhancement to a felony, ten 16
(10) years have elapsed from the date of the offense; or 17
ii. Five (5) years have elapsed from the date of the offense; or 18
b. If the law specifies a period for enhancement for a second or 19
subsequent offense, the time for such an enhancement has expired. 20
(5) For a petition brought under subsection (1)(b) of this section, the court may order 21
expunged all records in the custody of the court and any records in the custody of 22
any other agency or official, including law enforcement records, if at the hearing the 23
court finds that: 24
(a) The offense was not a sex offense or an offense committed against a child; 25
(b) 1. If the offense is subject to enhancement to a felony, the person had 26
not in the ten (10) years prior to the filing of the petition for 27 UNOFFICIAL COPY 22 RS SB 33/GA
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expungement been convicted of a felony or a misdemeanor; or 1
2. The person had not in the five (5) years prior to the filing of the petition 2
for expungement been convicted of a felony or a misdemeanor; 3
(c) No proceeding concerning a felony or misdemeanor is pending or being 4
instituted against the person; and 5
(d) 1. The offense is not one subject to enhancement for a second or 6
subsequent offense; or 7
2. If the offense is subject to enhancement for a second or subsequent 8
offense: 9
a. If the law does not specify a period for enhancement: 10
i. If the offense is subject to enhancement to a felony, ten 11
(10) years have elapsed from the date of the offense; or 12
ii. Five (5) years have elapsed from the date of the offense; or 13
b. If the law specifies a period for enhancement for a second or 14
subsequent offense, the time for such an enhancement has expired. 15
(6) Upon the entry of an order to expunge the records, the proceedings in the case shall 16
be deemed never to have occurred; the court and other agencies shall cause records 17
to be deleted or removed from their computer systems so that the matter shall not 18
appear on official state-performed background checks; the persons and the court 19
may properly reply that no record exists with respect to the persons upon any 20
inquiry in the matter; and the person whose record is expunged shall not have to 21
disclose the fact of the record or any matter relating thereto on an application for 22
employment, credit, or other type of application. 23
(7) The filing fee for a petition under this section shall be one hundred dollars ($100). 24
The first fifty dollars ($50) of each fee collected pursuant to this subsection shall be 25
deposited into a trust and agency account for deputy clerks and shall not be 26
refundable. 27 UNOFFICIAL COPY 22 RS SB 33/GA
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(8) Copies of the order shall be sent to each agency or official named therein. 1
(9) Inspection of the records included in the order may thereafter be permitted by the 2
court only upon petition by the person who is the subject of the records and only to 3
those persons named in the petition. 4
(10) This section shall be deemed to be retroactive, and any person who has been 5
convicted of a misdemeanor prior to July 14, 1992, may petition the court in which 6
he was convicted, or if he was convicted prior to the inception of the District Court 7
to the District Court in the county where he now resides, for expungement of the 8
record of one (1) misdemeanor offense or violation or a series of misdemeanor 9
offenses or violations arising from a single incident, provided that the offense was 10
not one specified in subsection (4) and that the offense was not the precursor 11
offense of a felony offense for which he was subsequently convicted. This section 12
shall apply only to offenses against the Commonwealth of Kentucky. 13
(11) As used in this section, "violation" has the same meaning as in KRS 500.080. 14
(12) Any person denied an expungement prior to June 25, 2013, due to the presence of a 15
traffic infraction on his or her record may file a new petition for expungement of the 16
previously petitioned offenses, which the court shall hear and decide under the 17
terms of this section. No court costs or other fees, from the court or any other 18
agency, shall be required of a person filing a new petition under this subsection. 19