Kentucky Order Sealing Records for Successful Deferred Prosecution is a process that allows individuals who have successfully completed a deferred prosecution agreement to have their criminal records sealed from public view. There are two types of orders: permanent and temporary. A permanent order prevents criminal records from being accessed by employers, landlords, educational institutions, and other interested parties, while a temporary order seals the records for a period of two years, after which the records may be unsealed if the individual is arrested for a new crime. Both types of orders require the individual to complete the deferred prosecution agreement and all associated conditions. The process is overseen by the Kentucky court system.
Kentucky Order Sealing Records for Successful Deferred Prosecution
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FAQ
While terminology and program characteristics vary, there are two primary types of diversion: deferred prosecution or diversion is typically managed by the prosecutor and may or may not be regulated by law, while deferred adjudication is managed by the court after charges have been filed and is typically regulated by
Successful completion of a deferred adjudication saves you from a conviction. You can petition to seal the records and claim that you have never been charged. However, for immigration purposes, deferred adjudication is considered as equal to conviction, as this the usual practice adopted in the case of federal laws.
Deferred prosecution refers to a number of types of programs which occur in the pre?trial or prosecution phase of the case. These programs are pursued explicitly at the discretion of the prosecutor's office, and are typically implemented as early as possible in the case, ideally during charge and plea?entry.
That is, you must wait two years after completing your deferred probation before attempting to clear your record. For felonies, the waiting period is five years (as of 9-1-2005).
The Deferred Prosecution Program (DPP) is a limited supervision program designed to give the young person in trouble for the first time the chance to rehabilitate himself or herself without the stigma of a criminal conviction.
Deferred Prosecution. Deferred prosecution applies only to defendants charged with first or second offenses of possession of a controlled substance 1st degree, a class D felony. The commonwealth's attorney and the court decide if a defendant will be accepted into the program.