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HB338 • 2026

AN ACT relating to forcible entry and detainer.

AN ACT relating to forcible entry and detainer.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
S. Witten
Last action
2026-04-14
Official status
04/14/26: returned to Committee on Committees (S)
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

AN ACT relating to forcible entry and detainer.

AN ACT relating to forcible entry and detainer.

What This Bill Does

  • AN ACT relating to forcible entry and detainer.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HCS1

House Committee Substitute 1

Retain original provisions; provide for expungement when the case is dismissed or when judgment is entered for all defendants; require expungement orders to be on a form provided by the Administrative Office of the Courts; require the clerk of the court to delete or remove expunged records within 45 days of an order of expungement; prohibit a minor from being named as a defendant in forcible detainer actions unless the minor is the primary leaseholder and the lease is not otherwise void; require the court, when a minor is improperly named in a forcible detainer action, to dismiss the minor as a party to the action; allow the court to direct the sealing of documents necessary to protect the privacy of the minor; amend KRS 383.240 to require the court to give notice to the parties that records will be expunged.

Plain English: UNOFFICIAL COPY 26 RS HB 338/HCS 1 Page 1 of 4 HB033830.100 - 1666 - XXXX 3/18/2026 3:44 PM House Committee Substitute AN ACT relating to forcible entry and detainer.

  • UNOFFICIAL COPY 26 RS HB 338/HCS 1 Page 1 of 4 HB033830.100 - 1666 - XXXX 3/18/2026 3:44 PM House Committee Substitute AN ACT relating to forcible entry and detainer.
  • 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 SECTION 1.
  • A NEW SECTION OF KRS 383.200 TO 383.285 IS CREATED 3 TO READ AS FOLLOWS: 4 (1) In an action for forcible detainer, the case shall be eligible for expungement if: 5 (a) The case has a final disposition of dismissal or judgment was entered for all 6 defendants on or after the effective date of this Act; and 7 (b) Either: 8 1.
  • The time for appeal has expired with no appeal being filed; or 9 2.

Bill History

  1. 2026-04-14 Kentucky Legislative Research Commission

    taken from Committee on Committees (S) 2nd reading returned to Committee on Committees (S)

  2. 2026-04-01 Kentucky Legislative Research Commission

    taken from Committee on Committees (S) 1st reading returned to Committee on Committees (S)

  3. 2026-03-19 Kentucky Legislative Research Commission

    received in Senate to Committee on Committees (S)

  4. 2026-03-18 Kentucky Legislative Research Commission

    3rd reading, passed 95-0 with Committee Substitute (1)

  5. 2026-03-12 Kentucky Legislative Research Commission

    2nd reading, to Rules posted for passage in the Regular Orders of the Day for Friday, March 13 2026

  6. 2026-03-11 Kentucky Legislative Research Commission

    reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  7. 2026-01-21 Kentucky Legislative Research Commission

    to Judiciary (H)

  8. 2026-01-13 Kentucky Legislative Research Commission

    introduced in House to Committee on Committees (H)

Official Summary Text

AN ACT relating to forcible entry and detainer.

Current Bill Text

Read the full stored bill text 
UNOFFICIAL COPY 26 RS HB 338/GA
Page 1 of 4
HB033810.100 - 1666 - XXXX 3/18/2026 3:56 PM GA
AN ACT relating to forcible entry and detainer. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS 383.200 TO 383.285 IS CREATED 3
TO READ AS FOLLOWS: 4
(1) In an action for forcible detainer, the case shall be eligible for expungement if: 5
(a) The case has a final disposition of dismissal or judgment was entered for all 6
defendants on or after the effective date of this Act; and 7
(b) Either: 8
1. The time for appeal has expired with no appeal being filed; or 9
2. Any appeal has become final and the trial court's order of dismissal or 10
judgment in favor of the defendants was upheld. 11
(2) (a) Within seven (7) days of being eligible for expungement under this section, 12
the clerk of the court shall provide the record to t he court of original 13
jurisdiction. 14
(b) The court shall review the record within seven (7) days of receipt of the 15
record. If the record is eligible for expungement under this section, the 16
court shall order expunged all records of the forcible detainer case in the 17
custody of the court. The order expunging the records shall not require any 18
action by the defendants or the plaintiff. 19
(3) (a) Following the entry of an order of expungement, proceedings in the matter 20
shall be deemed never to have occurred, and the clerk of the court shall not 21
accept any subsequent pleadings, motions, or other documents for filing in 22
the matter. 23
(b) The court and consumer reporting agencies, as defined in KRS 15.800, 24
shall delete or remove the records from their computer systems so t hat any 25
electronic records management system or consumer report will indicate that 26
the records do not exist. 27
UNOFFICIAL COPY 26 RS HB 338/GA
Page 2 of 4
HB033810.100 - 1666 - XXXX 3/18/2026 3:56 PM GA
(c) The court and other agencies shall reply to any inquiry that no record exists 1
on the matter. 2
(d) The person whose record is expunged shall not have to disclose the fact of 3
the record or any matter relating to it on an application for employment, 4
credit, or other type of application. 5
(4) An order of expungement under this section shall be on a form provided by the 6
Administrative Office of the Courts and include language directing any consumer 7
reporting agency in possession of information related to the person and the 8
expunged record to destroy or otherwise cease disclosure of the information upon 9
written notice and demand. 10
(5) If a motion or other document is submitted to the clerk of the court for filing in a 11
case that is eligible for expungement under this section and the record has not 12
been ordered expunged, the clerk of the court shall: 13
(a) Accept the filing; 14
(b) Notify the court; and 15
(c) Suspend any further performance of the duties outlined in this section until 16
resolution of the motion or further order of the court. 17
(6) Within forty-five (45) days of entry of an order of expungement, the clerk of the 18
court shall cause to be deleted or removed any records necessary to comply with 19
this section. 20
(7) Any data or information remaining after a record has been expunged under this 21
section shall not contain any personally identifiable information of the parties. 22
(8) For purposes of this section, "expun ge" and "expungement" mean the removal 23
or deletion of records or portions thereof by the court and other agencies which 24
prevents the matter from appearing in a search of court records that would have 25
otherwise disclosed the matter had it not been ordered expunged. 26
SECTION 2. A NEW SECTION OF KRS 383.200 TO 383.285 IS CREATED 27
UNOFFICIAL COPY 26 RS HB 338/GA
Page 3 of 4
HB033810.100 - 1666 - XXXX 3/18/2026 3:56 PM GA
TO READ AS FOLLOWS: 1
(1) A minor shall not be named as a defendant in an action for forcible detainer 2
unless the minor is the primary leaseholder and the lease is not otherwise void. 3
(2) If a minor is named as a defendant in an action for forcible detainer in violation 4
of this section: 5
(a) The minor; 6
(b) The minor's parent or guardian; or 7
(c) Any other defendant named in the order; 8
may petition the cou rt at any time to expunge the name of the minor from the 9
action. 10
(3) (a) If the court finds that a minor was named as a defendant in violation of this 11
section, the court shall dismiss the minor as a party to the action. The court 12
may direct the sealing of any documents within the record necessary to 13
protect the privacy interests of the minor. 14
(b) An order dismissing a minor as a party to the action under this subsection 15
shall not: 16
1. Require the r eissuance of notice of a hearing for the remaining 17
defendants; 18
2. Dismiss the action unless the minor was the only named defendant; or 19
3. Alter the time for proceedings relating to any other named defendants 20
who have been properly served. 21
(4) This section shall not prevent an "all occupants" eviction or a minor from being 22
evicted as part of an "all occupants" eviction. 23
Section 3. KRS 383.240 is amended to read as follows: 24
(1) Upon the return of the inquest , the court shal l enter a judgment according to the 25
inquisition as follows:[, either ] 26
(a) For the plaintiff, in substance, that he or she have restitution of the premises 27
UNOFFICIAL COPY 26 RS HB 338/GA
Page 4 of 4
HB033810.100 - 1666 - XXXX 3/18/2026 3:56 PM GA
aforesaid, and recover of the defendants his or her costs in this behalf 1
expended;[ or ] 2
(b) For the defendants, in substance, that they recover of the plaintiff their costs 3
in this behalf expended; or 4
(c) For the plaintiff against some of the defendants, and for the other defendants 5
against the plaintiff, if some be found guilty and others not guilty. 6
(2) In an action for forcible detainer, if the court enters a judgment in accordance 7
with subsection (1)(b) of this section or if the court enters an order dismissing the 8
action, the court shall give notice to the parties that: 9
(a) The record will be expun ged pursuant to Section 1 of this Act after the 10
expiration of the appeal period if no appeal is filed or when any appeal is 11
final if the appeal upholds the trial court's judgment for the defendants or 12
order of dismissal; and 13
(b) Notice of entry of the orde r of expungement is waived unless a written 14
request for notice is filed in the record prior to entry of the order of 15
expungement. 16
Section 4. KRS 383.250 is amended to read as follows: 17
The clerk of the court shall carefully preserve all papers, records, files, and proceedings[,] 18
relating to the cause[; and shall deliver, to any person requiring it, a transcript thereof]. 19
Section 5. KRS 367.310 is amended to read as follows: 20
A[No] consumer reporting agency shall not maintain any information in its files relating 21
to any: 22
(1) Charge in a criminal case [,] in any court of this Commonwealth, unless the charge 23
has resulted in a conviction; or 24
(2) Dismissed forcible detainer action in any court of this Commonwealth. 25