529.160 Expungement of records relating to violation of chapter when person

260 words·~1 min read·/ky/529-160

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

charged or convicted was a victim of human trafficking at time of offense --

Motion -- Finding -- Presumption.

(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.

(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.