Kentucky: Adult Non-Conviction Arrests (KY-NC-3)

Records relating to a sexual offense in which the spouse was the accuser are expunged by the court following a dismissal with prejudice or an acquittal. KRS § 510.300.

Record Detail(s)

Charges resolved in favor of defendant

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

No statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic. Upon dismissal with prejudice or acquittal, the court orders all law enforcement and other public agencies to expunge the records. KRS § 510.300.

Effect

The person can deny having been arrested for the expunged offense. KRS § 510.300. The proceedings are deemed never to have occurred, state-performed background check indicate that the records do not exist, and court and other agencies reply to any inquiry that no record exists. The petitioner need not disclose the record on an application for employment, credit, or other type of application. KRS § 431.076(6).

Waiting Periods

The record is expunged upon the dismissal of the charges with prejudice or acquittal.

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