Clean Slate Kentucky provides resources to help people expunge their criminal records. Clean Slate Kentucky can help you to figure out if you are eligible for expungement, a step by step guide on how to request an expungement and where to find training sessions to help you with your expungement application.
WHAT IS EXPUNGEMENT? 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. This can hurt job opportunities, school or educational opportunities and even some government assistance programs. Expungement gives you a clean slate.
AM I ELIGIBLE FOR EXPUNGEMENT IF I WAS FOUND NOT GUILTY, IF THE CHARGE WAS DISMISSED OR IF THE GRAND JURY DID NOT INDICT ME? Yes, you can expunge a charge that was dismissed or if the grand jury does not indict within 6-months. A certificate of eligibility is NOT required and there is no filing fee. The requirements for expungement of an acquittal, dismissed charge, or failure to indict is as follows:
- Acquittal or Dismissal with Prejudice: automatic expungement after July 2020, meaning no action required but you may file if expungement is not automatically granted. After 60-days from dismissal/acquittal, file the Acquittal Form in the court of acquittal/dismissal. There is no fee.
- Dismissal without Prejudice:
- Misdemeanor: Eligible for expungement after 1-year. There is no filing fee. File the Dismissal Form in the court of dismissal.
- Felony: Eligible for expungement after 3-years. There is no filing fee. File the Dismissal Form in the court of dismissal.
- Failure to Indict: If you are charged with a felony in district court and after 6-months you have not been indicted, you may file for expungement. There is no filing fee. File the “Failure to Indict” Form in the court you were charged.
For more information, see page 7 of the Quick-Reference Guidebook.
AM I ELIGIBLE FOR EXPUNGEMENT IF I WAS CONVICTED OF A MISDEMEANOR? Yes, you can apply to expunge an unlimited number of misdemeanor charges. However, the waiting period for misdemeanor exupngement is 5-years from the time that you complete your sentence. However, if there is an enhancement period, you are not eligible for expungement until the completion of that time. For example, DUI’s are enhanceable (higher punishment if you get a second or third in a set amount of time) for 10 years, so you are not eligible for expungement until you have completed the 10-year period. For more information, see page 2 of the Quick-Reference Guidebook.
AM I ELIGIBLE FOR EXPUNGEMENT IF I WAS CONVICTED OF A FELONY? Most Class-D felonies are eligible for expungement. Under certain circumstances, more than one Class-D felony can be expunged. If you are eligible for and receive expungement, your voting rights will be restored as long as you have no other felonies on your record. For more information, see page 3 of the Quick-Reference Guidebook.
HOW DO I ASK FOR AN EXPUNGEMENT? There are several steps required to request expungement. If you are seeking expungement of a conviction, you must get a certificate of eligibility. You then file your certificate of eligibility and expungement petition with the Court. Be sure to use the proper AOC form when seeking expungement.
CAN I GET HELP IN MY REQUEST FOR EXPUNGEMENT? Clean Slate Kentucky offers FREE expungement information sessions. There are also several other legal resources available:
NEED HELP WITH EXPUNGEMENT?
Lawyers are available at these events to help you determine if you are eligible for expungement. All times listed are local. If additional information is available, it is linked on the first line.