Kentucky Statutes 529.160 – Expungement of records relating to violation of chapter when person charged or convicted was a victim of human trafficking at time of offense — Motion — Finding — Presumption
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(1) When a person is charged or convicted under this chapter, or with an offense which is not a violent crime as defined in KRS § 17.165, and the person’s participation in the offense is determined to be the direct result of being a victim of human trafficking, the person may make a motion in the court in which the charges were filed to expunge all records of the offense.
(2) The motion shall be filed no sooner than sixty (60) days following the date the final judgment was entered by the court in which the charges were filed.
(3) (a) A motion filed under this section, any hearing conducted on the motion, and any relief granted are governed by KRS § 431.076, 431.078, and 431.079 unless otherwise provided in this section.
(b) For the purposes of expungement under KRS § 431.076, a finding by the court that the person’s participation in the offense was a direct result of being a victim of human trafficking shall deem the charges as dismissed with prejudice.
(c) No official determination or documentation is required to find that the person’s participation in the offense was a direct result of being a victim of human trafficking, but documentation from a federal, state, local, or tribal governmental agency indicating that the defendant was a victim at the time of the offense shall create a presumption that the defendant’s participation in the offense was a direct result of being a victim.
Effective: July 15, 2014
History: Created 2014 Ky. Acts ch. 70, sec. 1, effective July 15, 2014.
(2) The motion shall be filed no sooner than sixty (60) days following the date the final judgment was entered by the court in which the charges were filed.
Terms Used In Kentucky Statutes 529.160
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Human trafficking: refers to criminal activity whereby one (1) or more persons are subjected to engaging in:
(a) Forced labor or services. See Kentucky Statutes 529.010 - State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Victim of human trafficking: is a person who has been subjected to human trafficking. See Kentucky Statutes 529.010
(3) (a) A motion filed under this section, any hearing conducted on the motion, and any relief granted are governed by KRS § 431.076, 431.078, and 431.079 unless otherwise provided in this section.
(b) For the purposes of expungement under KRS § 431.076, a finding by the court that the person’s participation in the offense was a direct result of being a victim of human trafficking shall deem the charges as dismissed with prejudice.
(c) No official determination or documentation is required to find that the person’s participation in the offense was a direct result of being a victim of human trafficking, but documentation from a federal, state, local, or tribal governmental agency indicating that the defendant was a victim at the time of the offense shall create a presumption that the defendant’s participation in the offense was a direct result of being a victim.
Effective: July 15, 2014
History: Created 2014 Ky. Acts ch. 70, sec. 1, effective July 15, 2014.