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JCRPP 19. Expungement of juvenile cases

Baldwin's Kentucky Revised Statutes AnnotatedJuvenile Court Rules of Procedure and Practice

Baldwin's Kentucky Revised Statutes Annotated
Juvenile Court Rules of Procedure and Practice
IV. Process in Public Offense Cases
Kentucky Juvenile Rules of Practice and Procedure JCRPP Rule 19
JCRPP 19. Expungement of juvenile cases
A. Subject to the conditions and exclusions in KRS 610.330, a court may expunge the following from the juvenile court record:
1. Misdemeanors, violations, or status offenses;
2. A single felony; or
3. A series of felonies arising from a single incident;
B. 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 by KRS 17.500; or
3. The offense would classify a person as a violent offender under KRS 439.3401.
C. The following may move for the expungement:
1. The child, either before or after turning age eighteen;
2. The court, on its own motion;
3. A probation officer of the court;
4. A representative of DJJ or the Cabinet; or
5. Any other interested person.
D. The petition or motion shall not be filed or made until two (2) years after the date of termination of the court's jurisdiction over the person or two (2) years after the child's unconditional release from any commitment to the Department of Juvenile Justice or the Cabinet for Health and Family Services or a public or private agency, unless the court finds that waiving the waiting period is advisable due to extraordinary circumstances.
E. Upon the filing of the petition or motion, the court shall set a hearing and notify the county attorney and anyone else that the court or child has reason to believe may have relevant information related to the expungement.
F. If a petition is dismissed or a child is found not delinquent, the court shall expunge the action by court order at the time of dismissal or at the time of finding that the child is not delinquent. No action is required by the child in these instances.
G. If the court grants the order of expungement sealing the record, the proceedings in the case shall be deemed never to have occurred and all index references shall be deleted, unless otherwise ordered by the court. The court may order all public agencies and private schools to destroy all records related to the expunged offense or violation.
H. At the time of adjudication, the child shall be informed of the right to petition for expungement.

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HISTORY: Adopted by Order 2019-15, eff. 2-1-20
KY Juvenile Court Rules JCRPP Rule 19, KY ST JUV CT JCRPP Rule 19
Current with amendments received through May 1, 2020.
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