Kentucky: Adult Diversion/Deferral Program (KY-D-2)

Records relating to a case that was dismissed after the successful completion of a deferred prosecution program for a first or second offense of possession of a controlled substance in the first degree charge will be sealed by the court. KRS § 218A.14151(1), (3).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

Only first or second offenses under section 218A.1415 are eligible.

Procedure General

The court will dismiss the charges and seal all records upon the successful completion of a deferred prosecution program under this section. For the specific procedure, see KRS § 218A.14151.

Fees

There is no statutory language regarding fees.

Effect

The offense is deemed never to have occurred, except for the purpose of determining eligibility for future deferred prosecution under this section or voiding the conviction under section 218A.275. The defendant need not disclose the record unless required to do so by state or federal law. KRS § 218A.14151(3).

Waiting Periods

The record is sealed upon dismissal of the charge.

Back to Kentucky