Kentucky 2024 Regular Session

Kentucky Senate Bill SB96 Latest Draft

Bill / Introduced Version

                            UNOFFICIAL COPY  	24 RS BR 103 
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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 431.078(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 nonmonetary conditions of release; and 10 
2. The conviction meets the requirements of KRS 431.078(4). 11 
(2) On August 1, 2025, and on the first day of each month thereafter, the Department 12 
of Kentucky State Police and the Administrative Office of the Courts shall 13 
identify eligible convictions that have not been expunged. 14 
(3) On August 15, 2025, and on the fifteenth day of each month thereafter, the 15 
Administrative Office of the Courts shall produce a list of eligible convictions that 16 
are expungeable convictions, and shall communicate each expungeable 17 
conviction to the court in which the conviction occurred. 18 
(4) Within thirty (30) days of receipt of a notice of an expungeable conviction, the 19 
court shall order the judgment vacated, dismiss with prejudice any charges that 20 
are eligible for expungement under this section, and order expunged all records 21 
in the custody of the court and any records in the custody of any other agency or 22 
official, including law enforcement records. The order expunging the records 23 
shall not require any action by the person. Upon entry of an order expunging a 24 
conviction pursuant to this section, the court shall notify the person of the 25 
expungement. 26 
(5) Nothing in this section precludes an individual from filing a petition for 27  UNOFFICIAL COPY  	24 RS BR 103 
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expungement pursuant to KRS 431.078 for any charges that have not been 1 
expunged. 2