About clearing a record in Kentucky

Kentucky law lets a court expunge certain convictions under KRS § 431.073 and KRS § 431.078. It lets a court expunge certain charges that did not end in a conviction under KRS § 431.076. Under KRS § 431.079, the court and other agencies remove or delete the records. The matter then does not show on an official state background check.

There are three paths. One is for a misdemeanor, a violation or a traffic infraction. You file a petition. One is for most Class D felonies, with the exceptions the law lists. It also covers any felony if you got a full pardon. You file an application in the original case. For both, you wait five years after your sentence ends. If your probation ended later, you wait five years from that. For a felony, the same goes for parole. The law makes an exception for some voided possession convictions.

One is for charges that ended with no conviction. You file a petition. You wait 60 days after an acquittal or a dismissal with prejudice. You wait six months after a District Court holds a felony charge for the grand jury and no indictment or information comes. You wait one year after a misdemeanor charge is dismissed without prejudice. You wait three years for a felony charge. A dismissal counts only if it was not in exchange for a guilty plea to another charge.

Since July 15, 2020, a court expunges an acquittal on its own. It does the same when it dismisses all the charges in a case with prejudice. It does so 30 days after its order, unless you object. You file nothing for those. A traffic infraction is not covered.

To expunge a conviction, you need a certification of eligibility. It goes with your petition or application. The Kentucky State Police and the Administrative Office of the Courts run a background check. They then certify whether you are eligible. You do not need it for an acquittal, a dismissal or a charge with no indictment.

Remedies in Kentucky

  • Expungement DIY

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