(1) Each law enforcement or other public agency in possession of arrest records,
fingerprints, photographs, or other data whether in documentary or electronic form
shall upon written request of the arrestee as provided herein segregate all records
relating to the arrestee in its files in a file separate and apart from those of convicted
persons, if the person who is the subject of the records:
(a) Is found innocent of the offense for which the records were made; or
(b) Has had all charges relating to the offense dismissed; or
(c) Has had all charges relating to the offense withdrawn.
(2) A person who has been arrested and then has come within the purview of subsection
(1) of this section may apply to the court in which the case was tried, or in which it
would have been tried in the event of a dismissal or withdrawal of charges, for
segregation of the records in the case. Upon receipt of such application the court
shall forthwith issue an order to all law enforcement agencies in possession of such
records to segregate the records in accordance with the provisions of this section.
(3) Each law enforcement agency receiving an order to segregate records shall
forthwith:
(a) Segregate the records in its possession in a file separate and apart from records
of convicted persons;
(b) Notify all agencies with which it has shared the records or to which it has
provided copies of the records to segregate records; and
(c) All records segregated pursuant to this section shall show disposition of the
case.
(4) Records subject to the provisions of KRS 431.076 or 431.078 shall be sealed as
provided in those statutes.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 374, sec. 2, effective July 15, 1996. -- Created
1980 Ky. Acts ch. 127, sec. 1, effective July 15, 1980.
Notes of Decisions
Cited in
8
cases, 1991–2014 · leading case:
York v. Commonwealth, 815 S.W.2d 415 (Ky. Ct. App. 1991).
York v. Commonwealth, 815 S.W.2d 415 (Ky. Ct. App. 1991).
· cites it 8× “He sought to compel all law enforcement agencies, but specifically the Corrections Cabinet and Parole Board, to segregate this record pursuant to KRS 17.142. He contends on appeal that this statute also applies to segregate court records; the Commonwealth generally agrees that…”
Hyatt v. Commonwealth, 17 S.W.3d 121 (Ky. Ct. App. 2000).
· cites it 7× “Hyatt moved to segregate his criminal records under the indictment, pursuant to KRS 17.142. The trial court held a hearing and then denied the motion, finding that the diversion agreement did not include a provision for segregating-his criminal records.”
Commonwealth v. Holloway, 225 S.W.3d 404 (Ky. Ct. App. 2007).
· cites it 2× “142 reads: (1) Each law enforcement or other public agency in possession of arrest records, fingerprints, photographs, or other data whether in documentary or electronic form shall upon written request of the arrestee as provided herein segregate all records relating to the…”
Aaron v. Commonwealth, 810 S.W.2d 60 (Ky. Ct. App. 1991).
· cites it 5× “, pursuant to the provisions of KRS 17.142. We affirm. Appellant was indicted on June 24, 1985, by a Fayette County Grand Jury on two (2) counts of first-degree robbery and for being a persistent felony offender (PFO).”
Commonwealth v. Shouse, 183 S.W.3d 204 (Ky. Ct. App. 2006).
· cites it 2× “After the Commonwealth objected, the trial judge initially denied the motion to expunge and instead ordered that “Defendant’s arrest records are segregated pursuant to KRS 17.142.” Mr. Shouse asked the court to reconsider the denial of his motion to expunge the record and on…”
Grace v. LVNV Funding, Inc., 22 F. Supp. 3d 700 (W.D. Ky. 2014).
“Thus we give great weight to the reasoning and opinion expressed in OAG 80-460 and OAG 82-588 that KRS 17.142 does not apply to court records.”
Commonwealth v. Jones, 406 S.W.3d 857 (Ky. 2013).
“The legislature failed to use the term “expungement” or “dismissed with prejudice” in its formulation of KRS 218A.”
Commonwealth v. Smith, 354 S.W.3d 595 (Ky. Ct. App. 2011).
· cites it 2× “4 Under the current legislative scheme, Smith is left with the less-comprehensive relief of KRS 17.142. That statute permits application for the segregation of records when all charges have been dismissed, without the requirement of a dismissal with prejudice.”
— Ky. Rev. Stat. § 17.142(1) — 2 cases
Hyatt v. Commonwealth, 17 S.W.3d 121 (Ky. Ct. App. 2000).
“Hyatt moved to segregate his criminal records under the indictment, pursuant to KRS 17.142. The trial court held a hearing and then denied the motion, finding that the diversion agreement did not include a provision for segregating-his criminal records.”
Commonwealth v. Shouse, 183 S.W.3d 204 (Ky. Ct. App. 2006).
“After the Commonwealth objected, the trial judge initially denied the motion to expunge and instead ordered that “Defendant’s arrest records are segregated pursuant to KRS 17.142.” Mr. Shouse asked the court to reconsider the denial of his motion to expunge the record and on…”
— Ky. Rev. Stat. § 17.142(2) — 1 case
Hyatt v. Commonwealth, 17 S.W.3d 121 (Ky. Ct. App. 2000).
“Hyatt moved to segregate his criminal records under the indictment, pursuant to KRS 17.142. The trial court held a hearing and then denied the motion, finding that the diversion agreement did not include a provision for segregating-his criminal records.”
— Ky. Rev. Stat. § 17.142(4) — 1 case
Commonwealth v. Jones, 406 S.W.3d 857 (Ky. 2013).
“The legislature failed to use the term “expungement” or “dismissed with prejudice” in its formulation of KRS 218A.”
— Ky. Rev. Stat. § 17.142(l)(b) — 1 case
Hyatt v. Commonwealth, 17 S.W.3d 121 (Ky. Ct. App. 2000).
“Hyatt moved to segregate his criminal records under the indictment, pursuant to KRS 17.142. The trial court held a hearing and then denied the motion, finding that the diversion agreement did not include a provision for segregating-his criminal records.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.