Expungement Certification Process
The Kentucky State Police (KSP) oversees this process in conjunction with the Administrative Office of the Courts. Both agencies must run criminal record reports on the person petitioning for the expungement. The KSP certifies the eligibility of the expungement request. Expungement certification costs $40 and the process may take up to 60 days. Expungement is the legal process where an arrest, charge or conviction are completely removed from your record. In Kentucky, if you do not ask for expungement, the arrest, charge or conviction will stay on your criminal history. This means that any time your background is run, the conviction will show up.
We offer an online criminal record expungement for free to low income individuals in Kentucky. Please read the Frequently Asked Questions below before proceeding to the online form. General Expungement Questions. I went to the courthouse archives and nothing came up under my name; what should I do?
I have a lot of stuff on my record. Will I have to file each petition separately, and pay a separate fee for each petition? What if I have a felony conviction as well as misdemeanor convictions? Can I apply for an expungement for my other charges? Can the multiple charges that are on my record be considered to have been part of the same incident?
I have a charge in another state, but now live in Kentucky. Can I get my out-of-state charge expunged in Kentucky because I live here now? Can I get that expunged in Kentucky? Will I have to say that I was convicted of a crime if I already got it expunged? I got an expungement, and my employer still found charges on my criminal record.
What should I do? An expungement is a legal process where the petitioner or attorney asks the court to seal court records and arrest information. People seek expungements in order to obtain employment or housing. Is this legal? It is not uncommon for people to be unaware of expungements. Kentucky statutes allow certain offenses, after a certain amount of time, to be expunged. Any charge that was dismissed or for which you were found not guilty may be expunged as well.
Each state has different statutes concerning expungements, and you must apply for an expungement in the state in which you were convicted. Once an expungement is granted, all records relating to the arrest, charge or other matters linked to the case are sealed. People frequently seek an expungement for employment purposes or to erase their past. Complete paperwork petition, order, and re-docket forms for each case that a person wants to petition the court to expunge.
If the court denies any motion for expungements in which the fee was paid, it will be refunded to the mailing address that was provided at the time of the payment. Certified copies of the expungement order is sent to the defendant, Louisville Metro Police Department, Louisville Metro Department of Corrections, Kentucky Cabinet for Health and Family Services, Kentucky State Police, and any other law enforcement agency that has information on the case.
The case is then sealed. Please note the defendant should do a re-check in weeks to ensure the expunged information was removed from the arresting agencies.
Where does a person go to file a motion for an expungement? If a defendant is indicted, they must go through Circuit Court. You will be sent a copy of your current criminal record.
To request copies of or inspect public records, you must make a written request to the Official Custodian of Records. Sign the request, print your name, and describe the records be specific, i. Please include your address and phone number.
Mail, fax or hand-deliver your request to the Kentucky State Police Official Custodian of Records at the following address:. The fax number is Send to the attention of Official Custodian of Records.
If you have questions, call or Also, offenses committed when you were a minor under the age of eighteen may not show up on some criminal record searches. You will be going through the expungement process pro se. This means that you will be representing yourself and will not have an attorney on hand to represent you. This is nothing new to the courts, and people go to court pro se for various reasons.
Do not be alarmed and nervous. Just be sincere, honest and deferential towards the judge, and take advantage of your day in court. Yes, you are filing your petition pro seor on your own behalf, and you will not have any representation. Expungements are civil proceedings concerning criminal matters and you must show up for your scheduled court date. Remember to be deferential towards the judge, and honest, and do not interrupt the judge while he or she is speaking.
Each petition can only pertain to one criminal case. If you have numerous criminal cases, you must file a separate petition for each one, including pay a separate filing fee. How to make a girl calm down is the general time-frame for the expungement process? It is difficult to say, but from start to finish, which includes retrieving your criminal record to receiving the order granting your expungement, the expungement process may take up to 6 months.
Expungements are not granted instantly, and sometimes records may be difficult to locate. After you get your order of expungement, it may take the agencies that have your criminal offense on file up to 6 weeks before your expunged charge is removed.
What happens if I am not eligible to have my record expunged? Your eligibility depends on what the statutory requirements are. The statutory requirements are decided by the Kentucky legislature. Sometimes there is a waiting period that is in place; sometimes the criminal offense simply cannot be expunged. A felony conviction will prevent you from getting your otherwise eligible misdemeanor convictions expunged.
This is because the Kentucky expungement statutes bar expungement for individuals who have a felony conviction in their record. Unfortunately, under Kentucky statutes, most how to set up google voice text messaging convictions cannot be expunged at this time. The only felony convictions that may be expunged are Class D drug felonies. For all other felonies, it does not matter if the charge is 20, 30, or even 40 years old.
You simply cannot expunge a felony conviction. A felony charge that is dismissed with prejudice, or where you are found not guilty, may be expunged at any time.
These items need to how to get rid of pancreatitis pain taken care of before you may attempt to apply for an expungement. Offenses that involve children or offenses that are of a sexual nature may not be expunged in the state of Kentucky.
While there are public policy reasons, what is what did chuck yeager do is that such offenses cannot be expunged at this time. However, if your case was dismissed with prejudice or you were found not guilty, you may be eligible for expungement.
Can you clear my driving record and traffic violations? Traffic violations, such as parking and speeding tickets, may not be expunged at this time. You must be charged with a criminal offense, www what to expect when expecting just a traffic violation.
The statute permits those with multiple misdemeanor convictions arising out of the same incident to be expunged after a certain waiting period. Misdemeanor convictions are considered to have arisen out of the same incident when they have the same case number. Unless this is your case, your multiple charges may not be considered to arisen out of the same incident.
Yes, if your case was dismissed it is eligible for an expungement. You must apply for an expungement in the court in which you were convicted.
For example, if you were charged with drunk driving in the state of New Mexico, and are eligible for an expungement there, and have been living in Kentucky for the past 20 years, you must file your expungement petition in New Mexico, in the same court in which your initial proceedings took place. If your charge was in Kentucky, you would then try to get your record expunged in the Kentucky court in which you were convicted.
In order to get your federal charge expunged, you would have to go through the federal court system, through the court in which you were originally convicted.
The same goes for a military charge, which may not be expunged through the Kentucky civil court system. What happens if the court does not grant my expungement? Each expungement application, after meeting the statutory requirements, is still up to judicial discretion. There are what are the different groups in mba reasons a judge may not grant your expungement; it may have to do with whether or not the expungement is in the best interest of the state.
You may not be eligible to re-apply for an expungement. What will show up on my record if it is successfully expunged? If your motion for expungement is granted, the charge for which you filed an expungement for should be gone. This will not affect your other charges from showing up, only that specific charge will be deleted. After receiving your successful order of expungement from the court, you will not have to say that you were previously convicted of the crime for which the expungement was granted.
This means that you have to truthfully disclose any other charge as you normally would, but you do not have to disclose the charge that was expunged. How can I make sure that my charge is really expunged? In order to make sure that your charge is really expunged, and no longer showing up on criminal record searches, you may want to perform a record check yourself just like you did at the beginning of the expungement process.
After up to 6 weeks of your final order of expungement, your charges may still show up. It is best to check after several months to make sure all the databases are clear. You should do a record check on yourself before you start apply for jobs.
Search this site:. Printer-friendly version We offer an online criminal record expungement for free to low income individuals in Kentucky.
General Expungement Questions What is an expungement? Who may file for an expungement?
Once a Kentucky court grants an expungement, the court orders all state agencies to expunge their records. If you expunged a non-conviction arrest or a misdemeanor, the record is expunged from law enforcement. If you expunged a Class-D felony, the prosecutorТs office can keep a nonpublic copy of your record for law enforcement purposes only. Expungement Guidebook What is expungement? In Kentucky, when you are charged with a crime or convicted of a crime, that information stays on your criminal record. Expungement is the legal process of completely removing an arrest, charge, or conviction from your record. Why should I get an expungement?File Size: KB. Apr 21, †Ј Kentucky criminal record expungement clears the mention of an offense from your record for a majority of purposes thus making it simpler to get proper education, housing, or a job. Your criminal record in Kentucky can be expunged i.e. sealed or .
In , it became legal to expunge some felony convictions in Kentucky. You may now expunge arrest records, misdemeanors, and felony convictions under certain circumstances. An expungement removes a criminal offense from your record for most purposesЧmaking it easier to get a job, housing or an education.
In Kentucky, you may expunge most juvenile misdemeanor convictions as long the offense would not be a felony if committed by an adult. Juvenile felony convictions cannot be expunged. You may file a Petition for Juvenile Expungement if:. The two-year waiting period may be waived under extraordinary circumstances. If you need help determining your eligibility, consider contacting an expungement lawyer.
You may expunge a wide variety of criminal records in Kentucky, including some adult felonies, misdemeanors, and arrest records. The expungement process varies, depending on the type of record. However, all adult expungements require an expungement certification Чa form issued by the Kentucky State Police and Administrative Office of Courts. These felonies include non-violent drug offenses, fraud, and theft.
However, you must wait five years after completing probation or parole which ever is later. Additionally, you cannot have any subsequent or pending criminal charges or convictions. Most misdemeanor convictions in Kentucky are expungeable, except for child abuse and sexual offenses. To be eligible for a misdemeanor expungement, you cannot have any convictions in the past five years.
The process involves:. Again, a criminal defense or expungement lawyer may be able to help with the expungement process. If you were charged with a felony, but not indicted, you may expunge this record 12 months after the court decided to present the issue to a grand jury. In order to expunge felony charges that did not result in an indictment, you must file Petition for Expungement and obtain an expungement certification.
A hearing may be necessary. A day waiting period applies in these cases. Again, you must file a Petition for Expungement , your expungement certification, and may have to attend a hearing. Filing fees and costs vary, depending on the severity of your criminal record. Other costs include the expense of your expungement certification.
If you hire an expungement or criminal defense lawyer, you may also be charged for attorney fees and other costs. If the court grants your petition, you may lawfully state that the expunged criminal record does not exist. When most employers search your Kentucky criminal record, the charges will not be present. Expunged records will still be available to law enforcement agencies.
In order to expunge a criminal record, you must submit specific paperwork and may have to attend a hearing. A criminal lawyer or expungement lawyer can help guide you through the expungement process and insure that you have the correct information in your request.
Additionally, a lawyer can speak on your behalf during any necessary court hearings and give you the best chance of expunging your record. While at LegalMatch, Leigh covered areas that were constantly changing, like marijuana law, issues in immigration, and child custody issues. Law Library Disclaimer.
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