Kentucky 2023 Regular Session

Kentucky Senate Bill SB134 Latest Draft

Bill / Introduced Version

                            UNOFFICIAL COPY  	23 RS BR 347 
Page 1 of 1 
XXXX   2/13/2023 4:23 PM  	Jacketed 
AN ACT relating to actions for forcible entry and detainer. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
SECTION 1.   A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 3 
READ AS FOLLOWS: 4 
(1) On or after the effective date of this Act, in a case for forcible entry or detainer: 5 
(a) If the case is dismissed, the court shall order the record expunged upon the 6 
expiration of one hundred eighty (180) days and the payment of any unpaid 7 
rent not waived by the landlord. The order expunging the records shall not 8 
require any action by the person; or 9 
(b) If a forcible detainer judgement is entered, the court shall order the record 10 
expunged upon the expiration of three (3) years and the payment of any 11 
unpaid rent not waived by the landlord. 12 
(2) After the expungement, the proceedings in the matter shall be deemed never to 13 
have occurred. The court and other agencies shall delete or remove the records 14 
from their computer systems so that any official state-performed background 15 
check will indicate that the records do not exist. The court and other agencies 16 
shall reply to any inquiry that no record exists on the matter. The person whose 17 
record is expunged shall not have to disclose the fact of the record or any matter 18 
relating thereto on an application for employment, credit, or other type of 19 
application. 20 
(3) A person named in an order for forcible entry or detainer as an unemancipated 21 
minor, that person's parent or guardian, or any other defendant named in the 22 
order may, at any time, petition the court to expunge the name of the minor from 23 
the order. If the court finds that the person was an unemancipated minor at the 24 
time the order was entered, the court shall expunge the name of the minor. The 25 
Administrative Office of the Courts shall establish a form for a petition pursuant 26 
to this subsection. 27