431.079 Petition or application seeking expungement to include certification of

162 words·~1 min read·/ky/431-079

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.