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UNOFFICIAL COPY 26 RS BR 2199
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AN ACT relating to expungement. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 431 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Eligible conviction" means an offense that is not an offense that would 6
classify a person as a violent offender as defined in KRS 439.3401; and 7
(b) "Expungeable conviction" means any eligible conviction if: 8
1. Five (5) years have passed since the completion of any term of 9
incarceration and any other conditions of release; and 10
2. The person has not in the previous five (5) years been convicted of a 11
felony or misdemeanor. 12
(2) On August 1, 2026, and on the first day of each month thereafter, the Department 13
of Kentucky State Police and the Administrative Office of the Courts shall 14
identify eligible convictions that have not been expunged. 15
(3) On August 15, 2026, and on the fifteenth day of each month thereafter, the 16
Administrative Office of the Courts shall produce a list of eligible convictions that 17
are expungeable convictions, and shall communicate each expungeable 18
conviction to the court in which the conviction occurred. 19
(4) (a) Within thirty (30) days of receipt of a notice of an expungeable conviction, 20
the court shall order the judgment vacated, dismiss with prejudice any 21
charges that are eligible for expungement under this section, and order 22
expunged all records in the custody of the court and any records in the 23
custody of any other agency or official, including law enforcement records. 24
(b) The order expunging the records shall not require any action by the person 25
with the expungable conviction. 26
(c) Upon entry of an order expunging a conviction pursuant to this sectio n, the 27
UNOFFICIAL COPY 26 RS BR 2199
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court shall notify the person of the expungement. 1