Ky. Cir. Ct. Clerks' Manual EXPUNGEMENT

39 EXPUNGEMENT

KRS 431.076-.079, KRS 610.330

Process Map

 An expungement is the removal or deletion of records by the court and other agencies

which prevents the matter from appearing on official state-performed background checks.

 If you are asked about an expunged record, advise that no such record exists.

 Expungement Certification

 Expungement of Dismissed or Acquittal Cases

 Expungement of Misdemeanor and Violation Convictions

 Expungement of Class D Felonies and Pardoned Convictions

 General Provisions for Handling Expungements

 Expungement of Class D Felonies and Pardoned Convictions

 Expungement of Purged or Destroyed Cases

 Expungement of Non-Criminal Cases

 Expungement of Juvenile Record

Quick Reference

39.1 Expungement Certification

A certification is not

KRS 431.079 requires every petition or application for criminal record

required for

expungement of a conviction to include a certificate of eligibility for

dismissals or

expungement. Individuals seeking an expungement of a conviction must

acquittals

complete the expungement certification process to determine if they are

eligible for expungement.

 An expungement certification may be obtained online at: Online at

http://courts.ky.gov/Expungement. Additional requests regarding an courts.ky.gov

expungement certification may be directed to the Records Unit at the In Person Requests:

Administrative Office of the Courts.

AOC Records Unit

NOTE: In the event the petitioner/applicant’s expungement certification Administrative

indicates they are ineligible; you must still file the expungement. They are Office of the Courts

still entitled to have their petition reviewed by the judge. 1001 Vandalay

Drive,

Frankfort, KY 40601

(502) 573-2350

EXPUNGEMENT

39.2 Expungement of Acquittals, Dismissed Cases, and Felony

Charges in District Court Not Resulting in Indictment

KRS 431.076

 The following persons may file a petition to expunge offenses pursuant to KRS 431.076:

o A person who has been found not guilty of an offense;

o A person against whom charges have been dismissed and not in exchange for a guilty

plea to another offense;

o A person against whom felony charges originally filed in the District Court have not

resulted in an indictment by the grand jury.

 The petition may be filed no sooner than sixty (60) days following dismissal or acquittal with

prejudice OR six (6) months following the date of the District Court decision to hold the

matter to the grand jury, or three (3) years for a felony and one (1) year for a misdemeanor

following the date of the order of dismissal without prejudice.

 A separate petition must be filed for each criminal case and the charge(s) must be listed on

an AOC Form 497.2. Do not file a petition that has multiple cases listed for expungement or

that is not filed on AOC Form 497.2.

 An expungement certification is not required for cases/charges which have been dismissed

or for which the person was acquitted.

NOTE: House Bill 327 effective July 15, 2020 requires all cases dismissed with

prejudice/acquitted with exception of Traffic cases to be automatically expunged after 30

days. See section 39.9 Auto Expungement.

39.2.1 Petition to Expunge Misdemeanor Acquittals, Quick Reference

Misdemeanor or Felony Dismissals, or Felony Charges in District

Court Not Resulting in Indictment File, date, initial

1. When a petition to expunge is received, apply the FILED stamp; add the

date and your initials. Complete a document screen in the existing case file Document type

using document type PEXA. PEXA

2. There is no filing fee for petitions to expunge misdemeanor acquittals,

misdemeanor or felony dismissals, or felony charges in District Court that

did not result in an indictment.

3. If the petition seeks expungement of a felony charge that was originally filed in District

Court and which did not result in an indictment pursuant to KRS 431.076(1)(c), serve a

copy of the petition to the county and Commonwealth’s attorneys that prosecuted the

case.

4. Set tickler 90 days out. If no response by the commonwealth is received, submit file to

Judge. If a response is received by the commonwealth, set another tickler 90 days out

from the filing date of the response. After 90 days from the response, if no indictment is

received submit to Judge.

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39.2.2 Order Denying Expungement of Acquittals, Dismissed Cases and

Felony Charges in District Court Not Resulting in Indictment

1. When an order denying the expungement is received, apply the ENTERED Quick Reference

stamp to the order; add the date and your initials. AOC Form 497 may be Enter, date, initial

used. AOC Form 497

2. Complete a document screen using document type OEXD and note the Document type

denial in the memo on the document screen. Distribute a copy of the OEXD

order to the defendant/attorney.

3. Send a copy of the order of expungement to: Note denial in the

memo on

o County attorney document screen

o Defendant or his/her attorney. Mail copy

39.2.3 Order Granting Expungement of Acquittals, Dismissed

Cases and Felony Charges in District Court Not Resulting in

Indictment Quick Reference

NOTE: House Bill 327 effective July 15, 2020 requires all cases dismissed with Enter, date, initial

prejudice/acquitted with exception of Traffic Cases to be automatically AOC Form 497

expunged after 30 days. See section 39.9 Auto Expungement.

1. When an order granting the expungement is received, apply the ENTERED Document code

stamp to the order; add the date and your initials. AOC Form 497 may be OEXG

used. If the entire case is expunged, KYCourts will automatically add the

document when you expunge the case. If not all charges are being

expunged, add the document code to OEXG.

2. Within KyCourts, expunge the case or charge(s) as applicable according to

the instructions in the KyCourts User Manual.

Send copy

3. If a charge(s) ordered expunged is in a circuit criminal case that originated

in district court, you must also expunge the charge in the district court case

within KyCourts.

4. Send a copy of the expungement order to:

o County attorney

o Defendant or his/her attorney

o Mail a copy of the order of expungement, together with a copy of

the citation, to each official or agency named in the order. Such

agencies are required to certify to the court that their records have

been expunged within 60 days. Do NOT send a copy to the Cabinet for Health and

Family Services.

o Local pretrial office

o Kentucky State Police, email a copy of the expungement order to

ksp.expungements@ky.gov

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5. Follow further instructions for storage of the physical file and filing documents in an

expunged file. See Paper Files.

39.3 Expungement of Misdemeanor, Violation of Traffic Infraction

Convictions

KRS 431.078

 A person with certain misdemeanor, violation or traffic convictions may file a petition for

expungement no sooner than five years after completion of sentence or probation,

whichever occurs later.

 A separate petition must be filed for each criminal case and the charge(s) must be listed.

 A petition for expungement of misdemeanor and violation conviction shall be filed on an

AOC Form 496.2.

 A copy of the petitioner’s current expungement certification must be attached to the

petition.

NOTE: Do not file a petition that has multiple cases listed for expungement; that is not

filed on AOC Form 496.2; that does not have the expungement certification attached,

and is not accompanied by the applicable fee(s).

EXCEPTION: If a motion to proceed in forma pauperis is filed, the petition may be

accepted without fee or expungement certification.

39.3.1 Petition for Expungement of Misdemeanor, Violation, or

Traffic Infraction Convictions Quick Reference

File, date, initial

1. When a petition is received, apply the FILED stamp; add the date and Document type

your initials. Complete a document screen in the existing case file using PEXC

document type PEXC.

2. Collect a fee from the petitioner for each case sought to be expunged as

set forth in the Accounting Manual and give a receipt. If charge(s)

requested to be expunged is in a circuit criminal case, only collect one fee.

A separate fee is not required to expunge an underlying district criminal Calendar a hearing

case. date

AOC Form 496.1

3. Calendar a hearing date no sooner than thirty (30) days after the filing of

the petition by completing a scheduled events screen using event type Event type EXH

EXH.

NOTE: If the case is a purged or destroyed case, add the case to KyCourts.

4. Complete either the Notification of Expungement Hearing section on AOC

form 496.2 or complete AOC form 496.1, Notification of Expungement

Hearing, and attach a copy of the petition, and serve a copy on:

• County attorney;

• Any crime victim if identified in the petition; and

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• Any other person requested to be notified as identified in the petition.

NOTE: Do not send to law enforcement unless requested.

39.3.2 Order Denying Expungement of Misdemeanor, Violation, or

Traffic Infraction Convictions Enter, date, initial

1. When an order denying the expungement is received; apply the ENTERED Enter on document

stamp to the order; add the date and your initials. Enter on a document screen

screen. AOC Form 496, Expungement Order may be used for this purpose. AOC Form 496

Complete a document screen using document type OEXD. Document type

2. Send a copy of the expungement order to: OEXD

• County attorney; and

• Defendant or his/her attorney.

3. When a petition is denied and the case is not expunged, refund the fee(s) paid by the

petitioner according to the Refund Section of the Circuit Court Clerk's Accounting

Manual. No additional order is needed to provide the refund.

NOTE: If a defendant is attempting to expunge a case containing charges disposed as a

combination of guilty, dismissed, merged or amended, only one expungement petition (496.2)

is required. It is not necessary to file separate petitions or have separate orders for the

dismissed charges that were dismissed in exchange for a guilty plea on another charge in the

same case.

39.3.3 Order Granting Expungement of Misdemeanor, Violation, or Traffic

Infraction Convictions

Quick Reference

1. When an order granting the expungement is received; apply the ENTERED

Enter, date, initial

stamp to the order; add the date and your initials. If the entire case is

expunged, KYCourts will automatically add the document when you

expunge the case. If not all charges in the case are being expunged, add Document code

the document code OEXG. OEXG

2. Within KyCourts, expunge the case or charge as applicable according to the

instructions in the KyCourts User Manual.

3. Send a copy of the expungement order to:

o County attorney

o Defendant or his/her attorney

Mail AOC-496

o Mail a copy of the order of expungement, together with a copy of

the citation, to each official or agency named in the order. Such

agencies are required to certify to the court that their records have

been expunged.

o Local pretrial office

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o Kentucky State Police, email a copy of the expungement order to

ksp.expungements@ky.gov

4. Follow further instructions below for storage of the physical file and filing documents in

an expunged file. See Paper Files.

39.4 Expungement of Class D Felony and Pardoned Convictions

KRS 431.073

 Any person with certain Class D Felony convictions, or a person who has been granted a full

pardon, may file an application to have the judgment vacated and the case or charge(s)

expunged. The application can be filed no sooner than five years after completion of probation

or parole, whichever occurs later.

 A verified application to vacate and expunge a felony conviction shall be filed on AOC Form 496.3

an AOC Form 496.3.

 The application must be filed in the original criminal case and the charge(s) to be

vacated and expunged must be listed.

 Misdemeanor offenses, violations or traffic infractions may also be listed on the

application so long as the charges were filed within the same case as the felony

charge. Only one filing fee is required.

 A copy of the defendant’s current expungement certification should be attached

to the petition.

 If the application concerns a pardoned offense, a copy of the pardon should be

included with the application.

 Both the circuit case and any underlying district court case should be listed on AOC Form 496.3.

NOTE: Do not file an application that is not filed on AOC Form 496.3; that does not have the

expungement certification attached; and is not accompanied by the $50 application filing fee.

However, if a motion to proceed in forma pauperis is filed, the application may be accepted

without fee or expungement certification.

EXPUNGEMENT

39.4.1 Class D Felony Expungement Fees and Installment Payment

Plan

 KRS 431.073 permits a person seeking a felony expungement to

request payment of the expungement fee in installments. Installment

plans are not available for misdemeanor or violation expungements.

 Upon the issuance of an order vacating and expunging a conviction the

applicant shall be charged an expungement fee which may be payable

by an installment plan in accordance with KRS 534.020. The

expungement cannot be completed until full payment is received.

 If an installment payment plan is ordered, the petitioner shall be given

notice of the total amount due, the payment frequency, and the date

by which all payments must be made. The notice shall state that the

expungement cannot be completed until full payment is received, and

if the applicant has not completed the installment payment plan by the

scheduled date, he/she shall appear on that date to show good cause

as to why he/she is unable to satisfy the obligations. This notice is Per Accounting

contained on AOC 496.4 Order. Manual

1. Collect a filing fee from the petitioner as set forth in the Accounting $50 non-refundable

Manual and give a receipt. If charge(s) requested to be expunged is in filing fee to be

a circuit criminal case, only collect one fee. A separate fee is not collected with

required to expunge an underlying district criminal case. every application

2. Upon the issuance of an order vacating and expunging a conviction

the applicant shall be charged an expungement fee which may be Defendant may

payable by an installment plan in accordance with KRS 534.020. The request to pay

expungement cannot be completed until full payment is received. remaining $250 fee

in installments

3. If the applicant requests installment payments, schedule an event

using event type SCIP as indicated in Section IV of AOC 496.4 Order.

This is the date by which the defendant must comply with the Schedule event

installment payment plan. SCIP

4. When receiving installment payments, verify if a payment completes

the $250 expungement fee and is paid in full.

Note: Do not file an application that is not filed on AOC Form 496.3; Verify if paid in full

that does not have the expungement certification attached; and is not

accompanied by the $50 application filing fee. However, if a motion to

proceed in forma pauperis is filed, the application may be accepted Unschedule SCIP

without fee or expungement certification.

Note: The $250 expungement fee should NOT be collected until the issuance of an

order vacating and expunging a conviction. The expungement cannot be completed

until payment in full of the expungement fee.

5. Upon payment in full of the expungement fee prior to the scheduled SCIP event,

unschedule (DELSCH) the event with a memo “Payment in Full” and expunge the

case as directed in the expungement order.

EXPUNGEMENT

39.4.2 Application to Vacate and Expunge Class D Felony and

Pardoned Convictions File, date, initial

1. When an Application is received, apply the FILED stamp; add the date

Document type

and your initials. Complete a document screen in the existing case file

AFEX

using document type AFEX.

2. Collect a fee from the petitioner as set forth in the Accounting Manual and

give a receipt. If charge(s) requested to be expunged is in a circuit criminal

case, only collect one fee. A separate fee is not required to expunge an

underlying district criminal case.

3. Serve notice of filing by mailing a copy of the Application to:

• The office of the Commonwealth’s attorney or county attorney that

prosecuted the case; and

• County attorney where the judgment was entered (if different).

NOTE: The prosecutor is required to notify the crime victim(s) in the

case. You do not need to send a copy to any crime victim(s) listed in the

Application.

4. Set a tickler date by completing a scheduled events screen for 60 to 90

days from the time of filing of the Application using event type ERR. If no Event type ERR

activity has occurred by that date, the file should be delivered to the judge

on that date for review. This event may also be converted to a hearing

date if one is later scheduled by the court.

5. On a monthly basis, print a calendar of all cases with the scheduled event Event type ERR

type ERR and deliver the file(s) to the judge.

6. If the case file has been accessioned, contact the Department of Libraries

and Archives to request that the file be returned to your county.

7. If the case predates your county’s use of computers, you may be required

to add case and/or charge information if the judge orders the conviction

vacated and expunged.

39.4.3 Commonwealth/County Attorney Response to Application

 The Commonwealth’s attorney or county attorney that prosecuted the case shall file a

response within sixty (60) days after being served with the notice of filing. The time

period may be extended for good cause, but the hearing on the application shall occur

no later than 120 days following the filing of the application.

 In any case in which the Commonwealth objects that the application is grossly

incomplete, the court shall order the person or agency originating the application to

supplement the application.

EXPUNGEMENT

 If the court receives a response from the prosecutor stating no objection to the

application to have the judgment vacated, the court may enter an order without a

hearing.

 Per KRS 431.073(2), no hearing upon the merits shall be scheduled until the

Commonwealth’s response has been filed, or if no response is received, no later than

120 days after the filing of the application.

1. When the prosecutor’s response is received, apply the FILED stamp; add Quick Reference

the date and your initials. Complete a document screen in the existing File, date, initial

case file using document type CRFEX.

Document type

2. Deliver the file to the judge for review. The judge will determine whether

CRFEX

to set a hearing.

3. If a hearing date is ordered, complete a scheduled events screen using

type FEX. Complete AOC Form 496.1 and send a copy to:

Event type FEX

• Defendant and his/her attorney

• County attorney or commonwealth attorney that prosecuted the

case.

4. Update or unschedule (DELSCH) the tickler event ERR. Tickler Event ERR

39.4.4 No Response Received

1. If 120 days have elapsed since the filing of the application and no response

has been received, the court may enter an order with or without

scheduling a hearing.

2. On the date of the tickler set as described in Application to Vacate and

Expunge Class D Felony and Pardoned Convictions, deliver the file to the

judge for review.

3. If a hearing date is ordered, complete a scheduled events screen using Event type FEX

type FEX. Complete a court notice and send a copy to:

• Defendant and his/her attorney

• County attorney or commonwealth attorney that prosecuted the

case.

4. Update or unscheduled (DELSCH) the tickler scheduled event ERR. Event type ERR

EXPUNGEMENT

39.4.5 Order Denying Expungement of Class D Felony and Pardoned

Convictions

1. When an order denying the application is received, apply the ENTERED Quick Reference

stamp to the order; add the date and your initials. AOC Form 496.4, Enter, date, initial

Expungement Order may be used for this purpose. Complete a document AOC Form 496.4

screen using document type OFXD. Document type

2. Send a copy of the expungement order to: OFXD

• Commonwealth or county attorney who prosecuted the case

• Defendant or his/her attorney.

39.4.6 Order Granting Expungement of Class D Felony and

Pardoned Convictions

 Upon entry of an order granting an application, the original conviction shall be vacated and

the charges dismissed with prejudice.

 Upon full payment of the expungement fee, the record shall also be

expunged. Enter, date, initial

 All steps of the process listed below MUST be completed in order to properly

complete the action of vacating the conviction, dismissing the charges, and

expunging the record as required by KRS 431.073.

1. When an order granting the application is received; apply the ENTERED AOC Form 496.4

stamp to the order; add the date and your initials. AOC Form 496.4, Document type

Expungement Order may be used for this purpose. Complete a document OFXG

screen using document type OFXG.

2. Update the disposition information of the charge(s) ordered to be vacated.

In KYCourtsII, move the old disposition information to memo and overlay

with the disposition type VEFC. Do not change the original disposition date

on the Case screen.

PRE-COMPUTER CASES: If the charge(s) to be vacated and expunged are

not in KYCourts, add the charges according to the instructions in the

KYCourts User Manual. Enter the charge disposition as type VEFC.

3. Review the order to determine if the defendant shall pay the expungement

fee in full or in installment payments.

4. If the applicant requests installment payments, schedule an event using SCIP event

event type SCIP as indicated in Section IV of AOC 496.4 Order. This is the

date by which the defendant must comply with the installment payment

plan. When receiving installment payments, verify if a payment completes Verify payment in

the $250 expungement fee and is payment in full. full

5. Upon full payment of the expungement fee prior to the scheduled SCIP

event, unscheduled the event with a memo “Payment in Full” and expunge

the case as directed in the expungement order.

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6. Upon full payment of the expungement fee, verify that the disposition of

the charge(s) has been updated and expunge the case or charge as

applicable according to the instructions in the KYCourts User Manual. If a

charge(s) ordered expunged is in a circuit criminal case that originated in AOC 496.5

district court, you must also expunge the charge in the district court case

within KYCourts.

7. Upon full payment of the expungement fee, complete the Notice of

Expungement AOC Form 496.5 and distribute copies of the Notice and the

Order to expunge as directed on the Order.

8. Send a copy of the order to:

• Commonwealth or county attorney that prosecuted the case

• Defendant or his/her attorney

• Mail a copy of the order of expungement, together with a copy of

the citation, to each official or agency named in the order. Such

agencies are required to certify to the court that their records have

been expunged.

• Kentucky Department of Libraries and Archives; and

• Each official or agency named in the order.

• Local pretrial office

• Kentucky State Police, email a copy of the expungement order to

ksp.expungements@ky.gov

9. Follow further instructions for storage of the physical file and filing documents in an

expunged file. See Paper Files.

39.5 General Provisions on Handling Expunged Files

39.5.1 Expungement of Related Cases

When an expungement is ordered that involves felony charge(s), any cases related to the

charges at either the district court or circuit court level should also be expunged within

KyCourts. If a petition/application for expungement is granted in a CR case number, the

charge(s) or case in the F case number should be expunged as well.

NOTE: When receiving an order to expunge a drug court case or charge(s) and the case

was

transferred to your court from another jurisdiction forward a copy of the expungement

order to the originating county along with a copy of the original order transferring the

case.

EXPUNGEMENT

39.5.2 Expunging a Charge/Partial Expungement

See KYII / KY3 User Manual for directions on Expunging a Charge when ordered rather than

expunging the entire case.

NOTE: If you are ordered to expunge a charge that is the only charge in the case you

must expunge the entire case and not just the one existing charge.

39.5.3 Paper Files

1. When the Order for Expungement is entered, place the file in a suitable envelope and

seal it. Note the name, case number, DOB on the outside of the envelope. The physical

court file(s) may be kept separately along with other expunged records in a locked

drawer or secure area. Inspection should be permitted only upon court order. However,

the clerk may open/unseal an expunged record to file certifications of completion of

expungement from other agencies.

2. If partial expungement was ordered, mark through/redact information pertaining to the

expunged charges from the parts of the record that will continue to be public record. If

any images exist with language referencing the expunged charge delete the images from

KyCourts.

3. Do not permit inspection of partially expunged records unless references to the

expunged charges have been marked through/redacted.

39.5.4 Returned Agency Certifications

When the court orders the expungement of records of other agencies, such agencies are

required to certify that their records have been expunged.

1. When a certification of expungement is received from any agency, apply the FILED

stamp; add the date and your initials.

2. File the certification in the original expunged record. The file may be opened/unsealed

for this purpose.

EXPUNGEMENT

39.6 Expungement of Purged or Destroyed Cases

 A person who seeks an expungement of a case that has already been purged or destroyed

pursuant to the Kentucky Court of Justice Record Retention Schedule, may file a

petition/motion for expungement. Review copy of documentation provided by the

petitioner to verify offense(s) occurred in your county.

1. Follow previous instructions for the filing of petitions. Quick Reference

2. Add the case to KyCourts and calendar a hearing as directed by your judge. Calendar a hearing

3. When an order granting or denying the expungement is received, apply the

ENTERED stamp to the order; add the date and your initials.

4. If the charge to be expunged is a felony or pardoned conviction. You must Enter, date, initial

follow the instructions in Order Granting Expungement of Class D Felony

and Pardoned Convictions to properly complete the action of vacating the

conviction and expunging the record as required by KRS 431.073.

5. Distribute copies to the agencies listed in the body of the order and in the

distribution list on the bottom of the order and local pretrial office. The

physical court file may be kept separately along with other expunged

records in a locked drawer or secure area.

39.7 Expungement of Juvenile Record

KRS 610.330

District Court or Family Court Division of Circuit Court

39.7.1 Expunging Juvenile Records When Child is Eligible for Diversion

(JCRPP 2, 15).

 Juvenile Court Rules of Procedure and Practice and KRS 610.330 require expungement

be ordered automatically when charges are dismissed against a juvenile because the

child is eligible for diversion. The child is not required to make a motion for

expungement.

 Expungement orders issued pursuant to this section should only be sent to the Court

Designated Worker and to no other agencies because charges may still be re-filed with

the Court.

 Section I of AOC-JV-29 should be used for this purpose.

EXPUNGEMENT

1. Upon receipt of an order dismissing and expunging a juvenile petition for Quick Reference

lack of jurisdiction, apply the ENTERED stamp to the order; add the date Enter, date, initial

and your initials. Enter on a document screen using document type OEX. Document type

OEX

2. Send a copy of the order to the Court Designated Worker.

NOTE: Do NOT send the expungement order to law enforcement or other

agencies. JCRPP 2.

3. Place case file for that trailer, case history (docket sheet(s) and index card

if such exists), in an envelope, add the case number, the juvenile's date of

birth and the date of the expungement order to the outside of the

envelope, and seal. Do not open except by court order. If unsealed, make

appropriate notation on outside of envelope. It is not necessary to seal the

audio tapes; the official retention and disposal schedule for district court

tapes applies.

4. The physical court file may be kept separately along with other expunged

records in a locked drawer or secure area.

5. If you are asked about an expunged record, advise that no such record

exists. KRS 610.330(4). This includes military referrals.

NOTE: In the event that the petition is later re-filed, use the next available

numbered trailer, not the trailer of the expunged case.

39.7.2 Expunging Juvenile Records When Charges Dismissed or Child Found

Not Delinquent (KRS 610.330(7))

 KRS 610.330 requires expungement be ordered automatically when charges are

dismissed against a juvenile or the child is found not delinquent. The child is not

required to make a motion for expungement.

 Expungement orders issued pursuant to this section should be sent to all agencies

named in the petition.

 Section II of AOC JV-29 should be used for this purpose.

EXPUNGEMENT

1. If the court orders an expungement, apply the ENTERED stamp to the Quick Reference

order; add the date and your initials. Enter on a document screen using

Enter, date, initial

document type OEX. Send a copy of the order to:

• AOC Department of Family and Juvenile Services; Document type OEX

• Anyone named in the court order;

• To expunge CHFS's records, mail a copy of the order to Custodian

of the Records, Management and Evaluation Branch.

• To expunge records pertaining to juveniles charged as youthful or Dept. of Juvenile

public offenders, mail a copy of the order to the Department of Justice

Juvenile Justice. 1025 Capital Center

2. Expunge the case or charge in KYCourts as applicable according to the Drive, 3rd Floor,

instructions in the KYCourts User Manual. Frankfort, KY 40601

3. Place case file, case history (docket sheet(s) and index card if such exists),

in an envelope, add the case number, the juvenile's date of birth and the

date of the expungement order to the outside of the envelope, and seal.

Do not open except by court order. If unsealed, make appropriate notation

on outside of envelope. It is not necessary to seal the audio tapes; the

official retention and disposal schedule for district court tapes applies.

4. The physical court file may be kept separately along with other expunged

records in a locked drawer or secure area.

5. If you are asked about an expunged record, advise that no such record

exists. KRS 610.330(4). This includes military referrals.

EXPUNGEMENT

39.7.3 Petition to Expunge Records Following Adjudication

 A child, representative of DJJ or the cabinet, or any other interested person Quick Reference

may file a petition for expungement of a juvenile court record. The court may File, date, initial

order the expungement of violations, status offenses, misdemeanors, a single File on document

felony, or a series of felonies arising from a single incident. screen

 AOC JV-30 should be used for this purpose.

1. There is no filing fee for a juvenile expungement petition. A KSP

expungement certification is not required.

2. If a petition is filed, apply the FILED stamp; add the date and your initials.

File on a document screen.

3. Calendar a hearing by completing a scheduled events screen using event Calendar hearing

type EXH. The court must set a hearing and notify: Event type EXH

• The county attorney and

• Anyone else the court or the juvenile believes to have relevant

information.

4. Send a copy of the petition and a court notice to the county attorney, and

all persons listed in the petition.

5. Notify persons for a hearing by completing a court notice in KYCourts.

39.7.4 Order of Expungement upon Petition

Enter, date, initial

 AOC Form 29.1 should be used for this purpose. Enter on document

1. If the court orders an expungement upon petition, apply the ENTERED screen

stamp to the order; add the date and your initials. Enter on a document

screen. Send a copy of the order to:

• AOC Department of Family and Juvenile Services; Custodian of the

Records,

• Anyone named in the court order;

Management and

• To expunge CHFS's records, mail a copy of the order to Custodian Evaluation Branch

of the Records, Management and Evaluation Branch; or CHFS Building, 6th

Floor,

• To expunge records pertaining to juveniles charged as youthful or

275 East Main

public offenders, mail a copy of the order to the Department of

Street,

Juvenile Justice.

Frankfort, KY 40621

2. Expunge the case or charge in KYCourts as applicable according to the

Department of

instructions in the KYCourts User Manual.

Juvenile Justice

3. Place case file, case history (docket sheet(s) and index card if such exists), 1025 Capital Center

in an envelope, add the case number, the juvenile's date of birth and the Drive, 3rd Floor,

date of the expungement order to the outside of the envelope, and seal. Frankfort, KY 40601

Do not open except by court order. If unsealed, make appropriate notation

Seal in an envelope

on outside of envelope. It is not necessary to seal the audio tapes; the

and DO NOT open

official retention and disposal schedule for district court tapes applies.

except by court

order

EXPUNGEMENT

4. The physical court file may be kept separately along with other expunged records in a

locked drawer or secure area.

5. If you are asked about an expunged record, advise that no such record exists. KRS

610.330(4). This includes military referrals.

39.7.5 Inspection of Juvenile Expunged Record

1. A petition may be filed to inspect the juvenile's expunged record. Review

the petition to determine the case number and date of birth of the juvenile

and verify the existence of the expunged record.

File, date, initial

2. If the record does not exist, return the petition to petitioner.

Enter, date, initial

3. If the record does exist, apply the FILED stamp to the petition; add the

Enter on document

date and your initials. Attach to the expunged record and deliver to the

screen

judge.

NOE

4. When an order is received, apply the ENTERED stamp; add the date and

your initials and enter on a document screen. Give notice of entry as

directed by the court's order.

39.8 Expungement Non-Criminal Cases

Expungement is permitted in some civil proceedings. Use the links below to view specific

expungement instructions by chapter.

 Disability Proceedings - KRS Chapter 387

 Involuntary Hospitalization – KRS Chapter 202A

 Involuntary Admission – KRS Chapter 202B

 Domestic Violence and Interpersonal Protective Orders

EXPUNGEMENT

39.9 Auto Expungement – House Bill 327

House Bill 327 effective July 15, 2020 requires all cases dismissed with Enter, date, initial

prejudice/acquitted with the exception of traffic cases to be automatically

expunged after 30 days. A report of eligible cases can be run through eQueue- Document type

ClerkTools. The orders AOC-497.3 can be auto generated, printed, and provided to OAE

the closing judge or Chief Circuit/District judge depending on case type. This

should be done at least twice a month but can be done as frequently as necessary.

These require no filing fee or action by the defendant. Once the order is signed by

the Judge. Apply the entered stamp to the order, add the document code "OAE"

Order for Automatic Expungement of Record; add the date and your initials and

expunge the case per standard procedure.

Send a copy of the order to:

• Defendant

• Arresting agency

• Local jail

• KSP

• County/CW Attorney

• Any other agency requested by the defendant within 60 days

• Local pretrial office

When an expungement is entered that involves misdemeanor or felony charge(s), any matching

charges in the crossed referenced case at either the district court or circuit court level should

also be expunged within KyCourts.

Follow instructions for storage of the physical file. See "Paper Files".

NOTE: If a defendant objects to the expungement, add document code DOE Defendants

Objection to Expungement. This will remove the case from the list of eligible cases.