Criminal Record Expungement

Expungement is the legal process where an arrest, charge or conviction is removed from your record. If you don’t ask for an expungement, the arrest, charge or conviction stays on your criminal history, which means it shows up each time a background check is run on you. This can hurt your chances to find a job, go to school, get educational opportunities and some government help.

Can I get an expungement if I was found not guilty, if the charge was dismissed or if the grand jury did not indict me?

Yes. If you were found not guilty, if the charge was dismissed or if the grand jury did not indict you, you can ask for an expungement of a charge that was dismissed or if the grand jury did not indict within a 6-month period. You do not need an Expungement Certification and there is no filing fee. The requirements are as follows:

• If you were found not guilty (acquitted) or your case was dismissed with prejudice
  The Kentucky Legislature passed a bill stating that all cases that were acquitted or dismissed with prejudice on or after July 15, 2020, were automatically expunged after 30 days. This means you don’t have to do anything to get them expunged. Note: this does not include traffic cases. The expungement order is sent to the you/your lawyer, county or commonwealth lawyer, Kentucky State Police, the arresting agency, and the local jail. If you need to have the expungement order sent to other agencies, tell the court within 60 days of getting the expungement. Note: The Kentucky State Police tells other federal agencies about an expungement so you don’t need to have the court contact federal agencies.
  
• If your case was dismissed without prejudice
  If you were charged with a misdemeanor and your case was dismissed without prejudice, you can file to ask for an expungement after 1 year. There is no filing fee. You fill out a Petition for Expungement (https://kycourts.gov/Legal-Forms/Legal%20Forms/497.2.pdf) in the court where your case was dismissed. If you were charged with a felony and your case was dismissed without prejudice, you can file to ask for an expungement after 3 years. There is no filing fee. You fill out a Petition for Expungement (https://kycourts.gov/Legal-Forms/Legal%20Forms/497.2.pdf) in the court where your case was dismissed.
  
• If your case was dismissed without an indictment (called failure to indict)
  If you were charged with a felony in district court and have not been indicted, you can file to ask for an expungement after 6 months. There is no filing fee. You fill out a Petition for Expungement (https://kycourts.gov/Legal-Forms/Legal%20Forms/497.2.pdf) in the court where your case was dismissed.

Yes. You can apply to expunge an unlimited number of misdemeanor charges. But you have to wait 5 years from the time that you complete your sentence. If there is an “enhancement period” you can’t get an expungement until you finish that time. Enhancement period means a higher punishment if you get a second or third conviction in a specific period of time.

For example, DUI convictions are “enhanceable” for 10 years. So, you can’t ask for an expungement until after the 10 year period. You also must have 5 years good behavior. This means that when you are asking for an expungement you can’t have any misdemeanor or felony convictions on your record in the last 5 years.

Can I ask for an expungement if I was convicted of a felony?

Most Class-D felonies can be expunged. An application can’t be filed sooner than 5 years after you finish your sentence OR 5 years after you successfully finish probation or parole, whichever happens later.

You must also have 5 years good behavior. This means when you ask for expungement, you can’t have any misdemeanor or felony convictions on your record in the last 5 years.

How do I get an expungement for a conviction?

If you have a conviction on your record, there are several steps you must take to file for an expungement. Note: the following information is only for how to expunge a conviction. For information on acquittal, dismissal, and failure to indict expungements, go back to the previous section of this document.

• Ask for an Expungement Certification
  NOTE: you can find detailed information on Expungement Certification at https://kycourts.gov/AOC/Information-and-Technology/Pages/Expungement.aspx.
  • You have to fill out a Expungement Certification Request Form at https://kycourts.gov/AOC/Information-and-Technology/Documents/RU009.pdf to ask for an expungement for any conviction. It can be ordered online, in-person or by mail. There is a $40.50 fee.
  • The court reviews the information you provided on the form. You get your certification packet at the address you gave them.
  • This process can take up to 60 days.
  
• Complete and file the packet and expungement request form
  You have 30 days after you get your packet to file your documents with the court. File the packet with the Office of Circuit Court Clerks (https://kycourts.gov/Courts/County-Information/Pages/default.aspx) in the county where you were convicted.
  For a misdemeanor charge:
  File the Misdemeanor Petition for Expungement Form (https://kycourts.gov/Legal-Forms/Legal%20Forms/496.2.pdf) along with the certification packet you got from the court. There is a $100 filing fee per case. $50 of that fee is refunded if the expungement is not granted. If a judge decides to schedule a hearing, the hearing will beheld within 1 month of when you file the paperwork. For a Class D Felony charge:
  file the Application to Vacate and Expunge Felony Conviction Form (https://kycourts.gov/Legal-Forms/Legal%20Forms/496.3.pdf) along with the certification packet you got from the court. The total filing fee for a felony expungement is $300. You have to pay $50 of the fee when you file the application and that fee is not refundable. If the application is granted, you have to pay the other $250. You can set up a payment plan. The expungement is not complete until the $250 is paid in full. If a judge decides to schedule a hearing, it is held within 1 month of when you file the paperwork.

Can I expunge a federal conviction?

Because there is no federal expungement law, expungements of federal charges are very, very rare.

If my felony record is expunged, can I vote?

Yes, if you have no other felonies left on your record, you can vote. After you get the expungement, you can register to vote at: https://vrsws.sos.ky.gov/ovrweb/

What if I have convictions in more than one county?

You need to file the required information separately in each county. You also have to pay the filing fee in each county. You can use the same Expungement Certification in each county where you file.

Does filing for an expungement affect my immigration status?

If you are not a United States citizen, it is best to speak with an immigration lawyer before filing for an expungement. Expungement of your record can be harmful to your current or future immigration status.

If this is your scenario, we advise you to contact a lawyer. We do not suggest representing yourself.

Where can I find more information about expungements in Kentucky?

You can find additional information on expungements at Department of Public Advocacy’s website.

If you are not a United States Citizen, it is best to speak with an immigration attorney before filing for expungement. Expungement of your record can be harmful to your current or future immigration status.

If this is your scenario, we advise you to contact a lawyer. We do not suggest representing yourself.