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Bill > SB290


KY SB290

KY SB290
AN ACT relating to criminal history.


summary

Introduced
02/27/2026
In Committee
03/19/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

Create a new sections of KRS Chapter 431 to establish an automatic expungement process for specific eligible misdemeanor and felony convictions; allow the Commonwealth's and county attorney to object and halt the automatic expungement of certain offenses; require the Administrative Office of the Courts and the Department of Kentucky State Police to submit a report twice a year to the Legislative Research Commission on the implementation of the automatic expungement process; amend KRS 431.073 to waive fees for an applicant whose conviction qualifies as an eligible conviction; amend KRS 431.074 to require the Administrative Office of the Courts to establish a searchable portal to allow a person to determine if his or her conviction has been expunged; amend KRS 431.078 to waive fees for a petitioner whose conviction qualifies as an eligible conviction; amend KRS 431.079 to provide court clerks and deputy court clerks with immunity from civil liability for acts done in good faith under this act; amend KRS 17.151 to require the Department for Kentucky State Police to provide the Administrative Office of the Courts with data to comply with automatic expungement process; amend KRS 196.093 to require the Department of Corrections to provide the Administrative Office of the Courts with data to comply with automatic expungement process; amend KRS 367.310 to provide that no conviction that has been overruled, vacated, set aside, or expunged shall not be included on any background check or consumer report; establish the Automatic Expungement Task Force; establish duties and membership; require the task force to submit a report with recommendations to the Legislative Research Commission by November 1, 2026; provide that the Act may be cited as the Automatic Expungement Act.

AI Summary

This bill, known as the Automatic Expungement Act, establishes a new process for automatically clearing certain criminal records, referred to as "eligible convictions," for offenses committed on or after January 1, 2027, provided specific waiting periods have passed, no new offenses have occurred, and no new criminal proceedings are pending. The process involves court clerks generating lists of eligible convictions, notifying prosecutors who can object to expungement, and if no objection is filed, the court will vacate the judgment and order records expunged, meaning they will be removed from official background checks and individuals will not have to disclose them. The bill also waives fees for expungement for eligible convictions, requires the Administrative Office of the Courts (AOC) to create a searchable online portal to check expungement status, and mandates that agencies like the Kentucky State Police and the Department of Corrections provide necessary data to the AOC for this process. Additionally, it grants immunity to court clerks for good-faith actions under this act and prohibits consumer reporting agencies from including expunged convictions on background checks. A new Automatic Expungement Task Force will be established to study and make recommendations on expanding automatic expungement for older offenses and addressing related implementation challenges, with a report due by November 1, 2026.

Committee Categories

Justice

Sponsors (4)

Last Action

2nd reading, to Rules (on 03/20/2026)

bill text


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