Overview Description

Records related to a criminal offense can be expunged by the court 60 days after the charges are dismissed with prejudice or a finding of not guilty. KRS § 431.076(1), (2).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the district or circuit court in which the charges were filed. For the specific procedure, see KRS § 431.076.

Fees

There is no statutory language regarding fees.

Effect

Proceedings regarding the charges are deemed never to have occurred, and official state-performed background checks will indicate that the records do not exist. The court and other agencies will reply to any inquiry that no record exists. The petitioner need not disclose the record on an application for employment, credit, or other type of application. KRS § 431.076(6).

The court will order agencies to expunge the records. KRS § 431.076(4), (5).

Forms

An application to expunge records in Kentucky can be found here.

Waiting Periods

The petition can be filed 60 days after charges are dismissed with prejudice or a finding of not guilty.

 

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