Kentucky: Adult Diversion/Deferral Program (KY-D-1)

Records relating to a first conviction for possession of certain controlled substances that was voided upon the petitioner's successful completion of the sentence will be sealed by the court. KRS § 218A.275(1), (8), (9).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

Only offenses listed in section 218A.275 are eligible.

Procedure General

The court can set aside and void a conviction upon the successful completion of a treatment program, probation, or other sentence for a first conviction for possession of certain controlled substances. If the court voids the conviction, it will order the sealing of all records. For the specific procedure, see KRS § 218A.275.

Fees

See section 218A.275(6) for language regarding payment for treatment.

Effect

A voided conviction is not deemed a first offense under this chapter or for the purposes of disqualifications or disabilities imposed by law. Each person is eligible for only one dismissal. KRS § 218A.275(8). After sealing, the proceedings will not be used against the defendant except to determine eligibility to have a conviction voided under this section. The court and other agencies will reply to any inquiry that no record exists. The defendant need not disclose the record on an application for employment, credit, or other type of application. KRS § 218A.275(10).

Waiting Periods

The court can seal the record upon the completion of the sentence.

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