Ky. Cir. Ct. Clerks' Manual DEFERRED PROSECUTION

29 DEFERRED PROSECUTION

KRS 218A.1415; KRS 218A.14151

Process Map

 Applies only to 1st and 2nd offense of Possession of Controlled Substance 1st, Class D

Felony.

29.1 Application

Quick Reference

1. Upon receipt of AOC Form 331 (Application for Deferred Prosecution), AOC Form 331

apply the FILED stamp, add the date and your initials. Complete a File, date, initial

document screen using document code ADP. Document code

ADP

29.2 Order Acknowledging

1. Upon receipt of AOC Form 331.1 (Order Acknowledging Deferred AOC Form 331.1

Prosecution), apply the ENTERED stamp, add the date and your initials. Enter, date, initial

2. Complete a document screen using document code OAKDP. Document code

OAKDP

3. Close the charge screen using disposition type DP. Close the case screen.

4. Provide notice of entry and distribute per the order’s distribution list. Disposition type DP

NOE

29.3 Order Terminating

1. Upon receipt of AOC Form 332 (Order Terminating Deferred Prosecution), AOC Form 332

apply the ENTERED stamp; add the date and your initials. Enter, date, initial

2. Move the current disposition date, type and judge information to the

memo field.

3. Calendar for a hearing. Calendar hearing

4. Complete a document screen using document code OTDP. Document code

OTDP

5. Provide notice of entry to all parties per the distribution list. NOE

6. When the case is resolved, reopen and close a special status screen. Refer

to Special Status Detail Screen section of KyCourts Manual for instructions.

DEFERRED PROSECUTION

29.4 Order Sealing

1. Upon receipt of AOC Form 333 (Order Sealing Records for Successful Quick Reference

Deferred Prosecution), apply the ENTERED stamp, add the date and your AOC Form 333

initials. Enter, date, initial

2. Complete a document screen using document code OSDP and provide Document code

notice of entry to all parties. OSDP

3. Move the current disposition date, type and judge information to the

memo field and close out the charge as disposition type DDP.

Disposition type

4. Reopen and close a special status screen. Refer to the Special Status Detail DDP

Screen Screen section of the KyCourts Manual for instructions.

5. If the order directs sealing of specific items, print AOC Form 336,

Supplemental Order Sealing records for Successful Deferred Prosecution

from KyCourts and deliver to the judge for verification of specific items to

be sealed. AOC Form 336

NOTE: For KY3 counties – print from the case detail “forms” screen

within KY3 - Form# SosOrder.

Document type

NOTE: For KY2 counties – print from the Report Printing drop-down list SOSR

within KY2 – Supp Ord Seal Recs Success Defer Prosec/Void Conv

6. Upon receipt of the completed AOC Form 336 from the judge add Order as

a document using document type SOSR.

NOTE: If charge(s) ordered sealed is in a circuit criminal case that

originated in district court, you must print the supplemental order sealing AOC Form

336 from the district court case as well as the circuit court case to be delivered to the

circuit court judge.

NOTE: If you are asked about a sealed record, advise that no such record exists.

29.4.1 Seal the Electronic Record

1. Upon Receipt of AOC Form 334 and/or a completed AOC Form 336 from the judge, seal

the electronic record by clicking “Seal Case/Charge” button under “Case Level

Maintenance.” Click “Seal in accordance with HB 463” button.

2. Seal Entire Case will remove/transfer the entire case (all screens) from the “CI, DI or CO

divisions” to the “SE division.”

3. Seal Specific Charge(s) will remove/transfer only the selected offenses from the case

within the “CI, DI or CO division” to the “SE division.” Any reference to the sealed

charges left in the “CI, DI, or CO division” must be taken out manually from any

screen/field (the memo, BP/CO Recap).

NOTE: Sealing a charge/case Per HB 463 transfers the charge/case to the SE “Sealed

Division.” Information relating to the charge or case will not appear for public inspection

electronically. Sealing a charge/case Non HB 463 will transfer charge/case details to the

SE division, however; other case details may still be viewable electronically to the public.

DEFERRED PROSECUTION

29.4.2 Seal the Case Record

1. If the case is not in the computer and if an original calendar can be located, make a copy

and place in the original case file before sealing. Do not mark out the case on the copy.

2. Seal the original case jacket, case history (docket sheet and index card, if such exists),

recording and log in an envelope. Add the case number, the defendant's date of birth

and the date of the sealed order to the outside of the envelope. Maintain in a locked file

cabinet. Do not open except by court order. If the court orders the case unsealed, make

appropriate notation on outside of envelope.

EXCEPTION: If the recording includes other cases, make a notation on the log that the

case file has been sealed. If a request for a copy is made, do not copy that portion of the

recording that pertains to the sealed record.

NOTE: It is not necessary to seal the audio tapes; the official retention and disposal

schedule for district court tapes applies.

3. On the original calendar, obliterate the case and mark the obliteration "sealed.”

4. If a charge(s) ordered sealed is in a circuit criminal case that originated in district court,

you must also seal the charge in the district court case.