Kentucky Revised Statutes

Ky. Rev. Stat. § 635.040 (2026)

Effect of adjudication by juvenile court

✓ current as of May 2026
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No adjudication by a juvenile session of District Court shall be deemed a conviction, nor shall such adjudication operate to impose any of the civil disabilities ordinarily resulting from a criminal conviction, nor shall any child be found guilty or be deemed a criminal by reason of such adjudication. Effective: July 1, 1987 History: Created 1986 Ky. Acts ch. 423, sec. 127, effective July 1, 1987.

Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1993–2022 · leading case: Manns v. Commonwealth, 80 S.W.3d 439 (Ky. 2002).
Manns v. Commonwealth, 80 S.W.3d 439 (Ky. 2002). · cites it 4× “KRS 635.040 provides: No adjudication by a juvenile session of District Court shall be deemed a conviction, nor shall such adjudication operate to impose any of the civil disabilities ordinarily resulting from a criminal conviction, nor shall any child be found guilty or be…”
Phelps v. Commonwealth, 125 S.W.3d 237 (Ky. 2004). · cites it 7× “Because the plain language of KRS 635.040 of the Kentucky Unified Juvenile Code (hereinafter referred to as “Juvenile Code”) clearly states that such adjudications are not to be deemed convictions, we reverse the judgment of conviction of the Madison Circuit Court and remand…”
F. v. Brown, 306 S.W.3d 80 (Ky. 2010). · cites it 4× “The Court of Appeals noted that KRS 635.040 states that “[n]o adjudication by a juvenile session of district court shall be deemed a conviction.”
Chipman v. Commonwealth, 313 S.W.3d 95 (Ky. 2010). · cites it 4× “This is because the statute refers to a firearm being "used in the commission of that felony," referring back to the felony "that the child committed" KRS 635.040(4) (emphasis added). Thus, the child must use the firearm while committing a felony, or at least be complicit in…”
Murphy v. Commonwealth, 500 S.W.3d 827 (Ky. 2016). “” As the Court of Appeals correctly pointed out: “The term ‘District Court’ contained in KRS 635.040 is not a generic term referring to any court in any jurisdiction that adjudicates juveniles delinquent.”
Cummings v. Commonwealth, 226 S.W.3d 62 (Ky. 2007). “KRS 635.040 states, “No adjudication by a juvenile session of District Court shall be deemed a conviction.”
R.S. v. Commonwealth, 423 S.W.3d 178 (Ky. 2014). “1969)); see also KRS 635.040 ("No adjudication by a juvenile session of District Court shall be deemed a conviction, .”
N.C. v. Commonwealth, 396 S.W.3d 852 (Ky. 2013). “KRS 635.040 provides: No adjudication by a juvenile session of District Court shall be deemed a conviction, nor shall such adjudication operate to impose any of the civil disabilities ordinarily resulting from a criminal conviction, nor shall any child be found guilty or be…”
United States v. Njb, a Male Juv., 104 F.3d 630 (4th Cir. 1997). “§ 571-1 (1993); Ky.Rev.Stat. Ann. § 635.040 (Michie 1990); Minn.”
B.H. v. Commonwealth, 494 S.W.3d 467 (Ky. 2016). · cites it 2× “See KRS 635.040 (declaring-that juvenile adjudications shall not be deemed “convictions”).”
A.E. v. Commonwealth, 860 S.W.2d 790 (Ky. Ct. App. 1993). “Furthermore, KRS 635.040 provides that no adjudication in juvenile court shall be deemed a conviction nor shall the adjudication operate to impose any of the civil disabilities ordinarily resulting from a criminal conviction, nor shall the child be found “guilty” or deemed a…”
J.D.K. v. Commonwealth, 54 S.W.3d 174 (Ky. Ct. App. 2001). · cites it 4× “He relies on the provisions of KRS 635.040 as authority for the effect to be given to juvenile court adjudications.”
— Ky. Rev. Stat. § 635.040(4) — 2 cases
Chipman v. Commonwealth, 313 S.W.3d 95 (Ky. 2010). “This is because the statute refers to a firearm being "used in the commission of that felony," referring back to the felony "that the child committed" KRS 635.040(4) (emphasis added). Thus, the child must use the firearm while committing a felony, or at least be complicit in…”
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