UNOFFICIAL COPY 23 RS BR 853
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AN ACT relating to expungement. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 431 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Eligible conviction" means any criminal conviction meeting the 6
requirements of KRS 431.073(1); and 7
(b) "Expungeable conviction" means any eligible conviction if: 8
1. Five (5) years have passed since the completion of any term of 9
incarceration and any non-monetary conditions of release; and 10
2. The person has not in the previous five (5) years been convicted of a 11
felony or misdemeanor. 12
(2) On August 1, 2025, and on the first day of each month thereafter, the Department 13
of Kentucky State Police and the Administrative Office of the Courts shall 14
identify eligible convictions that have not been expunged. 15
(3) On August 15, 2025, and on the fifteenth day of each month thereafter, the 16
Administrative Office of the Courts shall produce a list of eligible convictions that 17
are expungeable convictions, and shall communicate each expungeable 18
conviction to the court of original jurisdiction. 19
(4) Within thirty (30) days of receipt of a notice of an expungeable conviction, the 20
court shall order the judgment vacated, dismiss with prejudice any charges that 21
are eligible for expungement under this section, and order expunged all records 22
in the custody of the court and any records in the custody of any other agency or 23
official, including law enforcement records. The order expunging the records 24
shall not require any action by the person. Upon entry of an order expunging a 25
conviction pursuant to this section, the court shall notify the person of the 26
expungement. 27 UNOFFICIAL COPY 23 RS BR 853
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(5) During any period of delay between issuance of the order and actual 1
expungement of the records, a circuit clerk shall not release any documents or 2
information regarding the expunged records to any person. 3
(6) Nothing in this section precludes an individual from filing a petition for 4
expungement pursuant to KRS 431.073 for any charges that have not been 5
expunged. 6
Section 2. This Act shall be known as "The Clean Slate Act." 7