Rule JCRPP 19 - Expungement of Juvenile CasesA. 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;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; or3. 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; or5. 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.Ky. Prov. Juv. Ct. R. P. & Prac. JCRPP 19
Added by Order 2015-15, eff. 7/1/2015; amended by effective 10/1/2016; amended by Order 2019-15, eff. 2/1/2020.Commentary
Diversion through the court designated worker is by definition pre-petition diversion. Only when a child is participating in an informal adjustment and did not participate in a pre-petition diversion agreement may the court refer the child to the court designated worker for diversion if no other diversion programs are available. In the event of such a diversion referral as part of an informal adjustment, the court designated worker may refer the case to the FAIR team. The rationale behind this is that the court designated worker diversion program is a limited resource that is designed to divert children from ever entering the formal court process. For that reason, it should be used in a very limited manner, as set forth in these rules, for post-petition matters.
Also, mere failure to complete the terms of an informal adjustment agreement does not automatically rise to the level of contempt. While the court may still detain for violation of a valid court order, the court is required to use graduated sanctions before it may detain a child. Logically this means that contempt orders are reserved for direct contempt for acts of actual defiance or disrespect for the court.