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Kentucky: Adult Diversion/Deferral Program (KY-D-3)

Records of qualifying Class D and C felony cases are marked "dismissed-diverted" by the court immediately upon successful completion of pretrial diversion. KRS § 533.258.
Record Detail(s)
Completion of diversion or deferral program
Previous Conviction Disqualifying
No
Mandatory / Discretionary
Mandatory
Hearing
No
Clearance Process
Automatic
Remedy
Seal
Ineligible Category or Citation
None. But see eligibility requirements for the pretrial diversion program at KRS § 533.250 and KRS § 533.251.
Procedure General
If the defendant successfully completes the provisions of the pretrial diversion agreement, the charges against the defendant shall be listed as dismissed-diverted. For the specific procedure, see KRS section 533.250 et seq.
Fees
There is no statutory language regarding fees.
Effect
The "dismissed-diverted" disposition does not constitute a criminal conviction, and the person need not list it on any application for employment, licensure, or otherwise unless required to do so by federal law. Pretrial diversion records shall not be introduced as evidence in any court in a civil, criminal, or other matter without the consent of the defendant. KRS § 533.258.
Waiting Periods
There is no statutory language regarding a waiting period.

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The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.