Expungements in Kentucky

Michael Bouldin has been handling expungements in Kentucky for over 30 years. Kentucky law allows for expungement of misdemeanor, felony, and temporary protective order cases. If a person is acquitted or charges are dismissed with prejudice, expungement can be filed 60 days after the case is dismissed. A criminal background check may be required unless the defendant has gone through misdemeanor diversion.

Many convictions are also eligible for expungement. Nearly all misdemeanors are eligible for expungement 5 years following completion of any fines or probation. Many felonies are also eligible, beginning 5 years after serving out a sentence, parole or probation. Sex offenses, drug trafficking and violent crimes are generally not eligible. Some assault and drug trafficking cases are not eligible, regardless of whether they are misdemeanor or felony. Additionally, DUI offenses are eligible only after 10 years, since that is the look back period for enhancement of a DUI offense.

The Kentucky Court of Justice outlines the steps on their website. Essentially, the defendant first applies for a certified criminal background check. This can be done alone but is easier if done through your attorney. Once the background check is complete, an application/petition is filed with the courts. The Petition varies based on the type of case and whether it was a conviction or dismissal.

The court often holds a hearing, but many counties do not require a hearing if the prosecutor agrees with the filing. Some felony cases are discretionary or require notice to a victim. KRS 431.076 and KRS 431.078 provide the statutory authority for expungement of convictions and acquittals.

If you have questions or concerns, contact an experienced attorney who regularly handles expungements. For consultation in Kentucky, call 859-581-6453 (581-MIKE), email [email protected] or use the contact form.