KRS § 610.330 — KY Code / Title LI / Chapter 610 / Section 610.330
610.330 Expungement of offenses and proceedings from juvenile court records
Status: in_force

610.330 Expungement of offenses and proceedings from juvenile court records.

(1) (a) Any child who has been adjudicated as coming within the purview of KRS

Chapter 630, 635, or 645, but not KRS Chapter 620 or 640, may petition the

court for the expungement of offenses from his or her juvenile court record.

He or she shall be informed of such right at the time of adjudication.

(b) The court on its own motion, or on the motion of a probation officer of the

court, a representative of the Department of Juvenile Justice or the cabinet, or

any other interested person, may initiate expungement proceedings

concerning the record of any child who has been under the jurisdiction of the

court.

(c) Expungement shall not be granted if:

1. There are any proceedings pending or being instituted against the child;

2. The offense is a sex crime, as defined in KRS 17.500; or

3. The offense would classify a person as a violent offender under KRS

439.3401.

(2) A petition may seek the expungement from the juvenile court record of any status

offenses, or any public offenses which would be felonies, misdemeanors, or

violations if committed by an adult.

(3) The petition shall be filed or the court order entered no sooner than two (2) years

after the date of termination of the court's jurisdiction over the person, or two (2)

years after his or her unconditional release from commitment to the Department of

Juvenile Justice or the Cabinet for Health and Family Services or a public or private

agency, except that the two (2) year period may be waived if the court finds that

such extraordinary circumstances exist with regard to the petitioner as to make the

waiver advisable.

(4) Upon the filing of a petition or entering of a court order, the court shall set a date

for a hearing and shall notify the county attorney and anyone else whom the court

or the child, his or her parents, relatives, guardian, or custodian has reason to

believe may have relevant information related to the expungement of the record.

(5) The court may order the adjudication vacated and all records expunged in the

petitioner's case in the custody of the court and any of these records in the custody

of any other agency or official, including law enforcement and public or private

elementary and secondary school records, unless at the hearing the county attorney

establishes that the child or offense is ineligible for expungement under subsections

(1) to (4) of this section.

(6) Upon the entry of an order to expunge the records, the proceedings in the case shall

be deemed never to have occurred and all index references shall be deleted and the

person and court may properly reply that no record exists with respect to such

person upon any inquiry in the matter. The person whose record is expunged shall

not have to disclose the fact of the record or any matter relating thereto on an

application for employment, credit, or other type of application.

(7) If a court dismisses a petition against a child or finds a child not delinquent in a

juvenile proceeding, the court shall concurrently order the record of the proceeding

expunged. The order expunging the proceedings shall not require any action by the

child.

(8) Copies of the order shall be sent to each agency or official named therein.

(9) Inspection of the records included in the order may thereafter be permitted by the

court only upon petition by the person who is the subject of such records, and only

to those persons named in such petition.