Overview Description

Records relating to a prostitution offense or an offense that is not a violent crime can be expunged by the court if the person's participation in the offense was the direct result of being a human trafficking victim. KRS § 529.160.

Ineligible Category or Citation

Convictions for violent crimes as defined in section 17.165 are ineligible for expungement. KRS § 529.160(1).

Procedure General

The petition must be filed in the court in which the charges were filed. For the specific procedure, see KRS §§ 529.160, 431.076 et seq.

Fees

There is no statutory language regarding fees.

Effect

Proceedings regarding the charges are deemed never to have occurred, and official state-performed background checks will indicate that the records do not exist. The court and other agencies will 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).

The court will order agencies to expunge the records. KRS § 431.076(4), (5).

Waiting Periods

The petition can be filed no sooner than 60 days following the date the final judgment was entered. KRS § 529.160(2).

 

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