COM. v. SHOUSE

No. 2005-CA-000071-MR.

183 S.W.3d 204 (2006)

COMMONWEALTH of Kentucky, Appellant, v. Orville Eugene SHOUSE, Appellee.

Court of Appeals of Kentucky.

January 13, 2006.


Attorney(s) appearing for the Case

Gregory D. Stumbo, Attorney General of Kentucky, Matthew D. Nelson, Thom A. Marshall, Assistant Attorneys General, Frankfort, KY, for appellant.

No appellee brief filed.

Before GUIDUGLI and HENRY, Judges; POTTER, Senior Judge.


OPINION

POTTER, Senior Judge.

The issue presented in this appeal is whether a defendant who has successfully completed a felony diversion program may have the records of his case expunged under KRS 431.076. We hold that under the facts of this case he can.

In December 1999, Mr. Shouse pled guilty to a class D felony and entered a pretrial diversion program. The agreement he signed with the Commonwealth prior to entering into the program provided...

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