Overview Description

A record relating to misdemeanors, violations, a single felony, or a series of felonies arising from a single incident can be expunged, so long as the petitioner is not subject to a disqualifying event and at least two years have passed. KRS § 610.330(1)-(2).

Ineligible Category or Citation

The petitioner is not eligible for expungement if there are any proceedings pending against petitioner, the offense sought to be expunged is a sex crime, or the offense would classify the person as a violent offender. KRS § 610.330(1)(c).

Procedure General

A petition must be filed with the juvenile court. KRS § 610.330(1)(a), (2)(a).

The court will grant the petition unless the county attorney establishes ineligibility under section 610.330(1)(c).

Fees

There is no statutory language regarding fees.

Effect

The court can expunge all records in the petitioner's case in the custody of the court and of any other agency or official, including law enforcement and public or private elementary and secondary school records. KRS § 610.330(5).

Upon the entry of an order to expunge the records, the proceedings in the case will be deemed never to have occurred and all index references will be deleted. KRS § 610.330(6).

The person whose record is expunged will not have to disclose the fact of the record or any matter relating to it on an application for employment, credit, or other type of application. KRS § 610.330(6).

Forms

An application to expunge a juvenile record in Kentucky can be found here.

Waiting Periods

The record can be expunged two years after the court's jurisdiction ends or two years after petitioner's unconditional release from commitment, unless the court waives the waiting period upon a finding of extraordinary circumstances.

 

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