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How Do I Expunge Misdemeanors?

It is possible to expunge many misdemeanors in Kentucky.  The law allows for dismissals and acquittals to be expunged 60 days after the final entry.  If there is a conviction, the case cannot be expunged until 5 years after conviction, or 5 years after the termination of any term of probation or conditionally discharged time.  This may extend the waiting period to 6 or 7 years, since probated time is typically for a 2 year term. KRS 431. 076, 431.078 and 431.079 provides for expungement.  The form for expungement of a conviction can be found at this link.  The form for expungement of an acquittal or dismissal can be found at this link.  This is a starting point.  In order to expunge most charges, you also need to request a criminal history.  There is a fee to obtain this document from the Administrative Office of the Courts, and additional fee to have the document proofed and checked off by the Kentucky State Police.  This is another necessary step to expunge most cases. Special care should be given to assure that all agencies are notified in order to completely remove and expunge the case.  If left blank, most county clerks will expunge the case record from their system.  This leaves out expungement by Kentucky State Police, FBI, NCIC, AOC, county prosecutor, detention center, online systems such as JailTracker and Mugshots and the arresting/citing agency such as state, county or city police.  If the case was charged originally as a felony, there is also the Commonwealth's attorney and both district and circuit court which should be notified. Often, it is worth the additional money to pay an attorney to file for the expungement.  An experienced criminal defense attorney will assure that all appropriate agencies are notified, the paperwork is filed correctly and the procedures are followed. Some counties also require court appearance.  For example, in Boone County the attorney may also appear on your behalf to assure the expungement is finalized and processed. If you have questions about your eligibility to expunge a criminal charge or approximate costs involved, contact an attorney.  For help in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at [email protected].

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