Overview Description

Records relating to a single misdemeanor, violation, or traffic violation conviction, or series of such convictions arising from a single incident, will be expunged by the court five years after sentence completion if the petitioner meets the criteria specified in subsection (4). KRS § 431.078(1)(a), (2), (4).

Ineligible Category or Citation

See section 431.078(4)(a) and (d) for offenses ineligible for expungement.

Procedure General

The petition must be filed in the court in which the conviction occurred, and must include a certificate of eligibility for expungement. If the petitioner meets the criteria listed in subsection (4), the court will grant the petition. For the specific procedure, see KRS §§ 431.078, 431.079.

Fees

An expungement certification, which requires a processing fee, must be filed along with the petition. The filing fee for a petition under this section is $100, $50 of which is deposited into a trust and agency account for deputy clerks. KRS § 431.078(7).

Effect

Proceedings regarding the case are deemed never to have occurred, and state-performed background checks will indicate that the records do not exist. The petitioner and the court can reply that no record exists. The petitioner need not disclose the record on an application for employment, credit, or other type of application. KRS § 431.078(6).

Forms

For the application to expunge a record in Kentucky, visit here.

Waiting Periods

The petition can be filed five years after sentence completion.

 

(non-prod server)