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AN ACT relating to criminal history. 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) 1. "Criminal history provider" means a person or an organization that: 6
a. Compiles a criminal history report and uses, publishes, or 7
provides the report to a person or an organization other than a 8
law enforcement agency or another criminal history provider; or 9
b. Regularly publishes criminal history information on the internet 10
or in any public forum, or regularly makes criminal history 11
information available through the internet. 12
2. "Criminal history provider" does not include a law enforcement 13
agency, any governmental entity, or any person who gathers, records, 14
compiles, or disseminates criminal history information solely for 15
journalistic, academic, governmental, or legal research purposes; 16
(b) "Eligible conviction" means any: 17
1. Felony conviction meeting the requirements of KRS 431.073(1); or 18
2. Criminal conviction meeting the requirements of KRS 431.078(1) and 19
(4)(a) and (d), which was not a violation of KRS 403.763, 456.180, or 20
511.085; and 21
(c) "Expungeable conviction" means any eligible conviction if: 22
1. Five (5) years have passed since the completion of the person's 23
sentence, or since the successful completion of the person's probation 24
or parole, whichever occurs later; 25
2. The person has not in the previous five (5) years been convicted of a 26
felony or misdemeanor; and 27 UNOFFICIAL COPY 24 RS BR 2091
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3. No proceeding concerning a felony or misdemeanor is pending or 1
being instituted against the person. 2
(2) On August 1, 2027, and on the first day of each month thereafter, the 3
Administrative Office of the Courts shall identify eligible convictions that have 4
not been expunged. 5
(3) On August 15, 2027, and on the fifteenth day of each month thereafter, the 6
Administrative Office of the Courts shall produce a list of eligible convictions that 7
are expungeable convictions, and shall communicate each expungeable 8
conviction to the court of original jurisdiction. 9
(4) Within thirty (30) days of receipt of a notice of an expungeable conviction, the 10
court shall: 11
(a) For an offense eligible for expungement pursuant to KRS 431.078, order 12
the judgment vacated, dismiss with prejudice any charges that are eligible 13
for expungement under this section, and order expunged all records in the 14
custody of the court and any records in the custody of any other agency or 15
official, including law enforcement records. The court shall notify the office 16
of the Commonwealth's attorney or county attorney that prosecuted the case 17
of the expungement. The court may order any criminal history provider to 18
expunge its records. The order expunging the records shall not require any 19
action by the person with the expungeable conviction. Upon entry of an 20
order expunging a conviction pursuant to this section, the court shall notify 21
the person of the expungement; or 22
(b) For an offense eligible for expungement pursuant to KRS 431.073(1)(a) or 23
(b), notify the office of the Commonwealth's attorney or county attorney 24
that prosecuted the case and the county attorney of the county where the 25
judgment was entered and: 26
1. If no objection to the expungement is made by the office of the 27 UNOFFICIAL COPY 24 RS BR 2091
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Commonwealth's attorney or county attorney within sixty (60) days, 1
the court shall order the judgment vacated, dismiss with prejudice any 2
charges that are eligible for expungement under this section, and 3
order expunged all records in the custody of the court and any records 4
in the custody of any other agency or official, including law 5
enforcement records. The court shall notify the office of the 6
Commonwealth's attorney or county attorney that prosecuted the case 7
of the expungement. The court may order any criminal history 8
provider to expunge its records. The order expunging the records shall 9
not require any action by the person with the expungeable conviction. 10
Upon entry of an order expunging a conviction pursuant to this 11
section, the court shall notify the person of the expungement; or 12
2. If an objection is made within sixty (60) days by the office of the 13
Commonwealth's attorney or county attorney, the court shall notify 14
the person that the offense is not eligible for expungement pursuant to 15
this section, but that it is eligible for expungement by application 16
pursuant to KRS 431.073. 17
(5) During any period of delay between issuance of the order and actual 18
expungement of the records, a circuit clerk shall not release, to anyone other 19
than the person who is the subject of the records, any documents or information 20
regarding the records which have been ordered expunged. 21
(6) Nothing in this section precludes an individual from filing an application for 22
expungement pursuant to KRS 431.073 or a petition for expungement pursuant 23
to KRS 431.078 for any charges that have not been expunged. 24
(7) Within thirty (30) days of receipt of a court order pursuant to this section to 25
expunge its records of a case, a criminal history provider shall cause the record to 26
be deleted or removed from their computer systems so that the matter shall not 27 UNOFFICIAL COPY 24 RS BR 2091
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appear in any public search of their system, or in any subsequent criminal history 1
report. 2
(8) In order to give notice to a person of proceedings pursuant to this section, the 3
court shall be authorized to obtain, without payment of any fee, information from 4
the Transportation Cabinet regarding the person's address on file regarding any 5
vehicle operator's license issued to that person. 6
Section 2. KRS 431.074 is amended to read as follows: 7
(1) The Administrative Office of the Courts shall retain an index of expungement 8
orders entered under KRS 431.073 or 431.078. 9
(2) The index shall only be accessible to persons preparing a certification of eligibility 10
for expungement pursuant to KRS 431.079 or the Kentucky Law Enforcement 11
Council for the purpose of verifying qualifications under KRS 15.382. 12
(3) If the index indicates that the person applying for expungement has had a prior 13
felony expunged under KRS 431.073, the person preparing the report may, 14
notwithstanding the provisions of KRS 431.073, access the expunged record and 15
include information from the expunged record in the certification. 16
(4) The Administrative Office of the Courts shall, by July 1, 2027, create and 17
implement a public portal allowing a person to confidentially determine whether 18
his or her conviction has been expunged pursuant to Section 1 of this Act. 19
Section 3. KRS 27A.300 is amended to read as follows: 20
(1) The Administrative Office of the Courts shall, in cooperation with the Department 21
of Kentucky State Police, the Department of Juvenile Justice, the Cabinet for Health 22
and Family Services, and the Department of Corrections, be responsible for the 23
recording of those data elements that are needed for development of the centralized 24
criminal history record information system. 25
(2) The database shall at a minimum contain the information contained in KRS 26
27A.310 to 27A.440. 27 UNOFFICIAL COPY 24 RS BR 2091
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(3) The Administrative Office of the Courts shall provide access to the Department of 1
Kentucky State Police, the Department of Juvenile Justice, the Cabinet for Health 2
and Family Services, and the Department of Corrections to its database. 3
(4) The Administrative Office of the Courts shall, where the number is known, assign 4
the same identification number or other variable to each person whose name 5
appears in the database. 6
(5) The centralized criminal history record information system developed and 7
maintained pursuant to KRS 27A.310 to 27A.440 shall be the official record of 8
any criminal proceeding. 9
SECTION 4. A NEW SECTION OF KRS CHAPTER 411 IS CREATED TO 10
READ AS FOLLOWS: 11
(1) A criminal history provider who receives an order to expunge a criminal record 12
pursuant to Section 1 of this Act and who does not comply with the order shall be 13
liable for actual and punitive damages, court costs, and reasonable attorney's fees 14
in a civil cause of action brought by the person whose record was not expunged. 15
(2) The action may be filed in the Circuit Court for the county where the alleged 16
violation occurred or the county where the person resides. 17
Section 5. This Act may be cited as the Clean Slate Act. 18