Kentucky Criminal Defense & Family Law
How to Expunge a Criminal Record in Kentucky

How to Expunge a Criminal Record in Kentucky

You may be eligible for expungement if you have a blemish on your criminal record, such as a misdemeanor or a Class-D felony. Understanding how expungement works in Kentucky can help you determine whether you're eligible so you can get a fresh start.

What Is Expungement?

Expungement is the legal process of completely removing a criminal charge, arrest, or conviction from your record. If a court expunges your criminal record, it will no longer show up in background checks for processes like finding employment or applying for housing. Expunging your criminal record can be a vital step in giving you a new lease on life.

However, it's important to note that expungement doesn't remove already-published information about you. For example, if there's an article about your arrest on Google, the author won't need to remove it if your record gets expunged.

Am I Eligible for Expungement?

You are eligible for expungement in Kentucky if:

  • You were found not guilty in court, the charges against you were dismissed, or the grand jury on your case failed to indict you;
  • You committed a misdemeanor;
  • You committed an expungable Class-D Felony for the first time. You can find a list of Class-D Felonies eligible for expungement by following this link.

You may have to wait a certain amount of time before applying for expungement. For example, if you commit a misdemeanor, you must wait five years before applying for expungement. If you commit a felony, you must wait at least five years and complete any probation or pay any fines attached to your sentence. If you were acquitted or your charges were dropped, you must wait 60 days. If a grand jury failed to indict you, you must wait 12 months.

The process of filing for expungement is relatively simple, but having an attorney at your side is recommended. To file for an expungement, you must:

  • Obtain a certificate of eligibility, costing $40, from the Kentucky courts.
  • Fill out an expungement packet, including the certificate, and file it with the court. Once you receive the packet, you have 30 days to file for an expungement with the court. You will also have to submit crime-specific forms. For example, if you're filing to expunge a misdemeanor, you need to complete a Misdemeanor Conviction Expungement Form (costing $100) along with the certificate of eligibility. Your attorney can help you fill out the documents correctly and ensure all documents get filed properly.
  • Filing fee for eligible Class D felony expungement¬†is $300.00.

Once you file, the judge makes a decision. It may take between one month and four months before you receive the results of your expungement, depending on your record and the details of your case.

At Smith & Wilcutt, LLC, our lawyers have experience working with clients to expunge a variety of charges from criminal records.

To receive a consultation with our firm, contact us online or via phone at (270) 972-4068.

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