Current through 2024 Ky. Acts ch. 225
Section 431.079 - Petition or application seeking expungement to include certification of eligibility for expungement from Department of Kentucky State Police and Administrative Office of the Courts - Administrative regulations - Construction(1) Every petition or application filed seeking expungement of a conviction shall include a certification of eligibility for expungement. The Department of Kentucky State Police and the Administrative Office of the Courts shall certify that the agencies have conducted a criminal background check on the petitioner and whether or not the petitioner is eligible to have the requested record expunged. The Department of Kentucky State Police shall promulgate administrative regulations to implement this section, in consultation with the Administrative Office of the Courts.(2) Nothing in this section shall be construed to prohibit the expungement of a case ordered by a court of competent jurisdiction.(3) For the purposes of this section, KRS 431.073, 431.076, and 431.078, "expungement" means the removal or deletion of records by the court and other agencies which prevents the matter from appearing on official state-performed background checks.Amended by 2019 Ky. Acts ch. 188,§ 3, eff. 6/26/2019.Amended by 2016 Ky. Acts ch. 94,§ 4, eff. 7/14/2016.Added by 2013 Ky. Acts ch. 69,§ 15, eff. 6/24/2013.