As criminal defense attorney and expungement guru, I have opportunity to assist many clients in having their records cleaned up.
In 2020, HB327 substantially amended the law governing expungement of non-conviction records. The law in KRS 431.076 now reads that for cases disposed after March 27, 2020, expungement of misdemeanor or felony charges resulting in acquittal or dismissal with prejudice (“and not in exchange for a guilty plea to another offense”) is automatic upon disposition.
HB327 goes on to say, “The order expunging the records shall not require any action by the person.”
As such, if a defendant completes diversion, the case will be initially changed to dismissed-diverted. It should then automatically get expunged in 30-60 days, since there wasn’t a conviction.
Unfortunately, this is often not the case. Most county court clerk offices do not have the infrastructure to handle the expungement. Many circuit and district judges are setting diversion cases on their docket when the diversion period expires, so that that they can assist in complying with this law.
As a defendant, you should check your record. If you went through a diversion program subsequent to July, 2020, it should have been automatically expunged. Check it yourself. If you began a program prior to July, 2020, you are eligible for expungement but you likely will need to file it yourself. For assistance, contact Michael Bouldin or call 859-581-6453.