If you are seeking a Kentucky expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the Kentucky Expungement Kit is ready.
Requirement(s) to qualify for an expungement in the state:
Anyone accused by his spouse of a sexual offense if the charge was either dismissed with prejudice or a verdict of not guilty on the charge was entered.
- Any person who has been convicted of a criminal misdemeanor or a violation, or a series of misdemeanors or violations arising from a single incident and five years have passed since probation or sentence successfully completed. To be eligible for expungement, it must be shown that the person
a) had no previous felony conviction,
b) the person had not been convicted of any other misdemeanor or violation offense in the five years prior to the conviction sought to be expunged,
c) the person had not since the time of the conviction sought to be expunged been convicted of a felony, a misdemeanor, or a violation, and
d) no proceeding concerning a felony, misdemeanor, or violation is pending or being instituted against him.
- A person seeking expungement of a charge of criminal offense and who 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. The person must have no current charges or proceedings pending relating to the matter for which the expungement is sought.
Additional restrictions on who can qualify for an expungement
All records related to the expunged offense in the custody of the court and any records in the custody of any other agency or official, including law enforcement records shall be expunged upon motion of a petition.
Note: At the time of this writing, a bill has been introduced in the state legislature which allows for sealing of certain court records) to specify that the court shall seal all records if the court finds that a person has not been convicted of any other misdemeanor in the five years prior to the conviction sought to be expunged and that the person has not, since the time of the conviction sought to be expunged, been convicted of a felony or misdemeanor. Introduced 2006, Senate Bill 242.
Does the law provide for sealing? What are the requirements?
A person can move a petition for sealing:
- if he is convicted of the misdemeanor(s) or violation(s),
- If the offense(s) is/are not a sex offense(s) or an offense(s) committed against a child;
- If the person has no previous felony conviction;
- If the person has not been convicted of any other misdemeanor or violation offense within the . five (5) years prior to the conviction sought to be expunged;
- If the person has not, since the time of the conviction sought to be expunged, been convicted of a felony,misdemeanor, or a violation;
- If no proceeding concerning a felony, misdemeanor, or violation is pending or being instituted against Defendant;
- and the offense(s) sought to be expunged was/were offense(s) against the Commonwealth of Kentucky .
- If the petition is .filed no sooner than .five (5) years after completion of Defendant's sentence OR five (5) years after successful completion of the defendant's probation, whichever is later.
What does it mean if you have a record expunged or sealed? Does anyone have access to the sealed/expunged records? Are they destroyed
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges is an expungement.
No. 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 shall be deemed never to have occurred; all index references shall be deleted; the persons and the court may properly reply that no record exists with respect to the persons upon any inquiry in the matter; and the person whose record it is.
Are you eligible for a Kentucky Expungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .
Be sure to check the site often
as we are in the process of adding the Expungement
Kit for the State of Kentucky soon.