Kentucky Statutes 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
Current as of: 2024 | Check for updates
|
Other versions
(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.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 188, sec. 3, effective June 27, 2019. — Amended
2016 Ky. Acts ch. 94, sec. 4, effective July 15, 2016. — Created 2013 Ky. Acts ch.
69, sec. 15, effective June 25, 2013.
Legislative Research Commission Note (6/25/2013). Although 2013 Ky. Acts ch. 69, sec. 15, subsec. (2), defines expungement for the purposes of “this section and Sections 2 and 3 of this Act” (KRS § 346.040 and KRS § 346.135), the references have been codified as “this section and KRS § 431.076 and KRS § 431.078” (2013 Ky. Acts ch. 69, secs.
16 and 17) under the authority of KRS § 7.136(1)(h), in order to correct a manifest typographical or clerical error that occurred when the provisions of House Bill
57/HCS were drafted as an amendment to Senate Bill 78, but the internal references were not changed to conform.
(2) Nothing in this section shall be construed to prohibit the expungement of a case ordered by a court of competent jurisdiction.
Terms Used In Kentucky Statutes 431.079
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(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.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 188, sec. 3, effective June 27, 2019. — Amended
2016 Ky. Acts ch. 94, sec. 4, effective July 15, 2016. — Created 2013 Ky. Acts ch.
69, sec. 15, effective June 25, 2013.
Legislative Research Commission Note (6/25/2013). Although 2013 Ky. Acts ch. 69, sec. 15, subsec. (2), defines expungement for the purposes of “this section and Sections 2 and 3 of this Act” (KRS § 346.040 and KRS § 346.135), the references have been codified as “this section and KRS § 431.076 and KRS § 431.078” (2013 Ky. Acts ch. 69, secs.
16 and 17) under the authority of KRS § 7.136(1)(h), in order to correct a manifest typographical or clerical error that occurred when the provisions of House Bill
57/HCS were drafted as an amendment to Senate Bill 78, but the internal references were not changed to conform.