UNOFFICIAL COPY 25 RS BR 919
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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 proceedings for forcible entry or 5
detainer, if the case is dismissed, the court shall order the record expunged upon 6
the expiration of five (5) days. The order expunging the records shall not require 7
any action by the respondent. 8
(2) After the expungement, the proceedings in the matter shall be deemed never to 9
have occurred. The court and other agencies shall delete or remove the records 10
from their computer systems so that any official state-performed background 11
check will indicate that the records do not exist. The court and other agencies 12
shall reply to any inquiry that no record exists on the matter. The person whose 13
record is expunged shall not have to disclose the fact of the record or any matter 14
relating thereto on an application for employment, credit, or other type of 15
application. 16
(3) If an unemancipated minor is improperly named as a defendant in a forcible 17
detainer action, that person, his or her parent or guardian, or any other 18
defendant named in the order may, at any time, petition the court to expunge the 19
name of the minor from the order. If the court finds that the person was an 20
unemancipated minor at the time the order was entered, the court shall expunge 21
the name of the minor. An expungement pursuant to this subsection shall be 22
effective immediately. 23
Section 2. KRS 383.250 is amended to read as follows: 24
The clerk of the court shall carefully preserve all papers, records, and proceedings[,] 25
relating to the cause[; and shall deliver, to any person requiring it, a transcript thereof]. 26
The files and records of the court shall not be open to inspection by persons other than 27 UNOFFICIAL COPY 25 RS BR 919
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parties to such proceedings and their attorneys except under order of the court 1
expressly permitting inspection. Upon the entry of the final order in the case, the clerk 2
shall place all papers and records in the case in a suitable envelope which shall be 3
sealed and shall not be open for inspection without a written order of the court. 4