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.
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:
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 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.
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.
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.
For a list of Class D felonies that can be expunged, go to https://kycourts.gov/AOC/Information-and-Technology/Pages/Expungement.aspx
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.
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.
New guided interview available to help you with expungement of a misdemeanor/ traffic charge.
Because there is no federal expungement law, expungements of federal charges are very, very rare.
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/
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.
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.
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.