Clearing a criminal record in Kentucky

Expungement (felonies: vacate and expunge). In Kentucky, expungement deletes the record from court and agency computer systems so it does not appear on official state background checks, and agencies answer that no record exists. For a felony, the court first vacates the conviction and dismisses the charge, then the records are expunged; prosecutors may keep a non-public copy for law enforcement use.

Expungement of acquittals, dismissals and charges not indicted: Charges that ended in acquittal, dismissal (not in exchange for a guilty plea to another charge), or felony charges held to the grand jury that never led to an indictment or information. Misdemeanor, violation and traffic infraction expungement: Misdemeanor, violation and traffic infraction convictions (one incident or several), plus dismissed or amended charges in the same case. Felony vacate and expunge: Most Class D felonies (including a listed set of drug, theft, fraud and property offenses), multiple eligible Class D felonies, pre-1975 offenses punishable by up to 5 years, and any felony that received a full pardon.

Acquittal or dismissal with prejudice, petition: If your case was not expunged automatically, you can petition 60 days after the acquittal or dismissal with prejudice, counted from the order of acquittal or dismissal; Felony charge not indicted: You can petition 6 months after the case was sent to the grand jury, counted from the District Court decision to hold the matter to the grand jury; Felony charge dismissed without prejudice: 3 years, counted from the order of dismissal without prejudice; Misdemeanor charge dismissed without prejudice: 1 year, counted from the order of dismissal without prejudice.

If you are acquitted, or all criminal charges in a case are dismissed with prejudice (not in exchange for a guilty plea), the court orders the record expunged after 30 days without any action by you, unless you object. Traffic infractions are not included. Convictions are not expunged automatically.

Expungement of acquittals, dismissals and charges not indicted: No filing fee (AOC expungement page; Kentucky Justice Online). Misdemeanor, violation and traffic infraction expungement: $100 filing fee plus $40 for the required Expungement Certification (AOC). Felony vacate and expunge: $50 non-refundable filing fee, plus a $250 expungement fee if granted (payable in installments), plus $40 for the Expungement Certification - $340 in total (KRS 431.073(10)-(11); AOC).

After a conviction for marijuana possession, the court may set aside and void the conviction once you satisfactorily complete treatment, probation or your sentence; the court then seals all records, and you need not disclose it on job, credit or other applications. The 5-year misdemeanor expungement wait does not apply to these cases.

You can petition the juvenile court to vacate an adjudication and expunge the records 2 years after the court's jurisdiction ends or you are unconditionally released (the court can waive the wait in extraordinary cases); the court can also start it on its own. Sex crimes and violent-offender offenses cannot be expunged.

After expungement the proceedings are deemed never to have occurred; courts and agencies remove the records from official state background checks and reply that no record exists, and you do not have to disclose the record on applications for employment, credit or other purposes. After a felony vacate-and-expunge, your right to vote is restored if nothing else bars it.

Request an Expungement Certification (a criminal record report showing which records are eligible) online, by mail, or at the AOC drive-thru at 1001 Vandalay Drive, Frankfort; the fee is $40.

Kentucky Justice Online (statewide legal aid information and eligibility screening) and Department of Public Advocacy: Expungement.