Expungement of Criminal Records in Kentucky

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criminal records


A criminal record can be a bar to certain types of employment, licensing, holding public office, and even the right to vote. Most states allow for a process called expungement that will remove certain arrests or criminal convictions from the offender’s record.


Depending upon the laws of the state in which you live and the nature of the crime, you may be able to get an arrest or conviction sealed or erased from your legal record. After the expungement process is complete, you will not need to disclose the conviction on a job or school application, and in most instances no record of the arrest or conviction will show up during a public records inspection or background check commonly done by potential employers, landlords, and educational institutions.


In Kentucky, a person who has been convicted of a misdemeanor or a series of misdemeanors or violations arising from a single incident, may petition the court in which he was convicted for expungement. A person who has been charged with a criminal offense and has been found not guilty of the offense, or against whom charges have been dismissed with prejudice, and not in exchange for a guilty plea to another offense, may make a motion, in the District or Circuit Court in which the charges were filed, to expunge related records arising out of the arrest or charge. 


Records that may not be expunged in Kentucky include sex offenses and a crime committed against a child. In order to be eligible for expungement in Kentucky, a person must: 



  • Have no history of felony convictions

  • Have not been convicted of a misdemeanor violation in the last five years

  • Not pending a felony or other type of conviction

  • Have not committed an offense against the Commonwealth of Kentucky 

The expungement motion must be filed no sooner than sixty days after the order of acquittal or dismissal. If a court hearing is held, the court will notify the county or state’s attorney of an opportunity to respond to the expungement motion. If the criminal charge relates to the abuse or neglect of a child, the court will also notify the Office of General Counsel of the Cabinet for Families and Children. 


Upon the filing of a petition, the court will set a date for a hearing and notify the county attorney, the victim of the crime(if there was an identified victim), and any other person whom the person filing the petition has reason to believe may have relevant information related to the expungement. Inability to locate the victim will not delay the proceedings in the case or preclude the holding of a hearing or the issuance of an order of expungement. A $100 fee must be paid before the order may be entered. 


According to Kentucky law, if the expungement is granted, the records cannot be accessed for general law enforcement or civil use. The court will order sealed all records in the custody of the court and any records in the custody of any other agency. The case is deemed never to have occurred, all index references shall be deleted, and the persons and the court may properly reply that no record exists with respect to the persons upon any inquiry into the matter. The person whose record is expunged does not have to disclose the fact of the record or any matter relating to it on an application for employment or credit. 


For more information on expungement in the state of Kentucky, go to the USLegal website.

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