Expungement

Expungement is the legal process where an arrest, charge or conviction is removed from your record. If you don’t ask for an expungement, the arrest, charge or conviction stays on your criminal history, which means it shows up each time a background check is run on you. This can hurt your chances to find a job, go to school, get educational opportunities and some government help.

Can I ask for an expungement if I was convicted of a

misdemeanor?

Most Class-D felonies can be expunged. An application can’t be filed sooner than 5 years after you finish your sentence OR 5 years after you successfully finish probation or parole, whichever happens later.

You must also have 5 years good behavior. This means when you ask for expungement, you can’t have any misdemeanor or felony convictions on your record in the last 5 years.

For a list of Class D felonies that can be expunged, go to https://kycourts.gov/AOC/Information-and-Technology/Pages/Expungement.aspx

How do I get an expungement for a conviction?

you have a conviction on your record, there are several steps you must take to file for an expungement. Note: the following information is only for how to expunge a conviction. For information on acquittal, dismissal, and failure to indict expungements, go back to the previous section of this document.

• Ask for an Expungement Certification
  NOTE: you can find detailed information on Expungement Certification at https://kycourts.gov/AOC/Information-and-Technology/Pages/Expungement.aspx.
  • You have to fill out a Expungement Certification Request Form at https://kycourts.gov/AOC/Information-and-Technology/Documents/RU009.pdf to ask for an expungement for any conviction. It can be ordered online, in-person or by mail. There is a $40.50 fee.
  • The court reviews the information you provided on the form. You get your certification packet at the address you gave them.
  • This process can take up to 60 days.
   
• Complete and file the packet and expungement request form
  You have 30 days after you get your packet to file your documents with the court. File the packet with the Office of Circuit Court Clerks (https://kycourts.gov/Courts/County-Information/Pages/default.aspx) in the county where you were convicted.
  For a misdemeanor charge:
  File the Misdemeanor Petition for Expungement Form (https://kycourts.gov/Legal-Forms/Legal%20Forms/496.2.pdf) along with the certification packet you got from the court. There is a $100 filing fee per case. $50 of that fee is refunded if the expungement is not granted. If a judge decides to schedule a hearing, the hearing will beheld within 1 month of when you file the paperwork.

  For a Class D Felony charge:
  file the Application to Vacate and Expunge Felony Conviction Form (https://kycourts.gov/Legal-Forms/Legal%20Forms/496.3.pdf) along with the certification packet you got from the court. The total filing fee for a felony expungement is $300. You have to pay $50 of the fee when you file the application and that fee is not refundable. If the application is granted, you have to pay the other $250. You can set up a payment plan. The expungement is not complete until the $250 is paid in full. If a judge decides to schedule a hearing, it is held within 1 month of when you file the paperwork.

New guided interview available to help you with expungement of a misdemeanor/ traffic charge. 

If my felony record is expunged, can I vote?

Yes, if you have no other felonies left on your record, you can vote.