Ky. Admin. Office of the Courts, Circuit/District Court Clerks' Manual, ch. 43 (Forcible Entry and Detainer)

Citation: Ky. Admin. Office of the Courts, Circuit/District Court Clerks' Manual, ch. 43 (Forcible Entry and Detainer)
Jurisdiction: Kentucky (state)
Source: Official source
Original Source: https://www.kycourts.gov/Courts/County-Information/Documents/ClerksManual.pdf ↗

Related Parts of This Source

Full Text

1,752 chars

39.4.2 Application to Vacate and Expunge Class D Felony and
Pardoned Convictions File, date, initial
1. When an Application is received, apply the FILED stamp; add the date
Document type
and your initials. Complete a document screen in the existing case file
AFEX
using document type AFEX.
2. Collect a fee from the petitioner as set forth in the Accounting Manual and
give a receipt. If charge(s) requested to be expunged is in a circuit criminal
case, only collect one fee. A separate fee is not required to expunge an
underlying district criminal case.
3. Serve notice of filing by mailing a copy of the Application to:
• The office of the Commonwealth’s attorney or county attorney that
prosecuted the case; and
• County attorney where the judgment was entered (if different).
NOTE: The prosecutor is required to notify the crime victim(s) in the
case. You do not need to send a copy to any crime victim(s) listed in the
Application.
4. Set a tickler date by completing a scheduled events screen for 60 to 90
days from the time of filing of the Application using event type ERR. If no Event type ERR
activity has occurred by that date, the file should be delivered to the judge
on that date for review. This event may also be converted to a hearing
date if one is later scheduled by the court.
5. On a monthly basis, print a calendar of all cases with the scheduled event Event type ERR
type ERR and deliver the file(s) to the judge.
6. If the case file has been accessioned, contact the Department of Libraries
and Archives to request that the file be returned to your county.
7. If the case predates your county’s use of computers, you may be required
to add case and/or charge information if the judge orders the conviction
vacated and expunged.