Sealing and Expunging Criminal Records in Kentucky

The aftermath of getting a conviction in Kentucky presents many complications. Individuals with convictions often face challenges in securing employment, housing, and establishing good credit. In most cases, employers discover an employee’s criminal history through a criminal background check. Kentucky state laws provide provisions for individuals seeking to restrict their criminal histories from public access. Convicts, suspects, and victims may be eligible to apply to have their records removed from the public record.

Note: Victims’ rights are protected by federal and state laws, part of which includes keeping their information confidential. A few exceptions to the rule exist, such as persons forced into prostitution, thus making them both victims and convicts at the same time.

The Difference Between Sealing and Expunging Criminal Records in Kentucky

When a record is under seal in Kentucky, it is not accessible to the public. Instead, sealed records are generally available only to individuals with a direct stake in the record, such as the persons listed in the record and their attorneys involved in the case. Additionally, court authorities and certain law enforcement agencies may have access to records under seal. Sealed records, although hidden from the public, still keep all legal implications. Expungement in Kentucky is the permanent deletion of a criminal record, which presents the involved person as though they had never had one. It involves a complete removal from the entire system, such that a background check typically does not yield any record of that case.

How to Seal a Criminal Record in Kentucky

Adult criminal records in Kentucky are not eligible for sealing. Records are only sealed in cases about juvenile offenses and other civil cases. Some of these eligible records go under seal by state statutes. Among them are personal information about involved parties, information about minors, financial details, and trade secrets. Other cases that may get sealing approval are merit-based. The requester must file a petition to the court of the current jurisdiction requesting that the records be placed under seal. After a court hearing, the judge decides whether to issue a court order approving or declining the request. A general guideline is that the basis for the request must outweigh the need for public knowledge. Such reasons often revolve around the safety of involved parties or the need to control external influences that may affect a fair trial.

What Crimes May Be Expunged in Kentucky?

The State of Kentucky has a flexible set of rules regarding which crimes are eligible for expungement. Each case gets treated on its merit. There are, however, guidelines that revolve around the type and class of offense:

• Non-conviction or dismissed charges, including non-jury indictments;
• Offenses that have received a pardon from the governor;
• Misdemeanors, where there is no limit to how many misdemeanor convictions may be expunged. Each one depends on the merit of the case.
• Class D felonies.

All sex offenses and crimes against minors do not qualify for expungement. Also, some repeat misdemeanor convictions may not be eligible. Multiple class D felonies qualify, provided they are part of the same case or incident and do not come under the following categories:

• Offenses that lead to serious bodily injury or death
• Abuse of a public office

At the time of application, concerned parties must be free of any pending criminal charges or convictions within the last five years. The waiting period is five years, and ten years for a DUI charge.

Juvenile records may qualify for expungement with cases involving a violation, misdemeanor, single felony, or multiple felonies associated with the same case or arising from the same incident. The waiting period for juvenile criminal records is two years from the time of probation or commitment.

Can a Felony be Expunged in Kentucky?

In Kentucky, felony expungement is possible but limited. The felony expungement process is primarily governed by the Kentucky Revised Statutes § 431.073, which outlines felony convictions eligible for clearing, the waiting periods, and the criteria for qualification.

What may Be Expunged?

• Class D felonies are listed as eligible under KRS § 431.073, including certain theft and drug possession offenses.
• Misdemeanors, violations, and infractions, provided conditions are met.
• Cases dismissed with prejudice, acquittals, or charges that did not result in conviction.

What Cannot Be Expunged?

• Violent crimes.
• Sex offenses.
• Crimes against children.
• DUI felonies and most Class C felonies or higher.

Applicants must observe the waiting period before filing. For most felonies, a five-year waiting period applies after the completion of all terms of the sentence, including probation, parole, and restitution, whereas cases dismissed or resulting in acquittal qualify for immediate expungement.
In addition, the applicant must have completed the full sentence, repaid restitution, demonstrated rehabilitation, and maintained good conduct since the conviction. If granted, expungement restores many civil rights and allows individuals to deny the conviction in most professional and personal settings, significantly improving opportunities for employment, housing, and education.
Applicants must keep in mind that even when the criteria are met, expungement is not automatic. Judges retain discretion to approve or deny petitions, where the interest of justice demands dismissal.

How to Expunge Criminal Records in Kentucky

To request a record expungement in Kentucky, begin by requesting a certificate of eligibility. To do this, visit the Kentucky Court of Justice's Expungement Certification Process page. Otherwise, go in person during business hours to:

Administrative Office of the Courts,
1001 Vandalay Drive,
Frankfort, KY 40601

If preferred, request the certificate of eligibility by mail. To do this, download and fill out the Expungement Certification Request Form and mail it along with a $40 check or money order made payable to the Kentucky state treasurer to the address below:

Administrative Office of the Courts
1001 Vandalay Drive
Frankfort, KY 40601

Except for dismissed charges, a certificate of eligibility is mandatory to begin an expungement process in Kentucky.

Get the relevant expungement petition process forms. There are different forms for different cases. Identify the forms of interest in the case. Below are some:

• Forms for Misdemeanors
• Forms for Vacation and Expungement of Felony Convictions

Requestors must download and complete the appropriate forms, submit them at the Circuit Court Clerk’s Office where the case was filed originally, and pay all applicable fees. Misdemeanor expungement costs $100, and if the expunction is not approved, the court typically refunds $50. Felony convictions attract an initial payment of $50. If the court grants the expungement, an additional $250 becomes necessary. Failure to pay the full charges may result in the vacation of the sentence, but not in the expungement of the record. The accepting authority receives cash, credit card, money order, or certified check payments.

Typically, the court holds a hearing for misdemeanor petitions within 30 days of filing. However, the process is a little different for felony convictions. In this case, the judge informs the prosecutor’s office. The prosecutor has 60 days to file a reply with a 120-day extension if needed. After this, the court holds a hearing, and the judge decides within four months. Expunction processes for felony convictions take the longest time, while dismissed charges or acquittals get processed almost immediately.

Do Sealed Records Show up In Kentucky Background Checks?

Yes. Kentucky background checks provide a general overview of an individual's criminal history, including records of arrests, charges, convictions, and incarcerations. Unless a record is expunged, it may appear on these checks. An exception to the rule is information that the laws of the state interpret as confidential. Juvenile records belong to this category and are therefore not visible in criminal history checks. However, juvenile offenses that are equivalent to adult criminal cases or involve a DUI may still appear on a criminal background check.

Who may See Sealed Criminal Records in Kentucky?

Sealed criminal records are available only to persons with a direct stake, such as the persons listed in the record and their attorneys on the case. Additionally, court authorities and law enforcement agencies may have access to sealed criminal records. Additionally, most government agencies may access sealed criminal records upon written request, provided the request aligns with the state’s laws.

How may I Get My Record Expunged for Free in Kentucky?

While Kentucky law allows for expungement, the process often comes with fees. Felony expungement typically costs $300, which includes a $50 eligibility review by the Kentucky State Police and $250 if the petition is approved. Misdemeanor expungements incur a $100 filing fee, while certified court records may incur an additional fee of $5 to $10 each. These costs may create barriers for many individuals. Still, Kentucky courts allow fee waivers (in forma pauperis) if applicants demonstrate financial hardship, and judges have the discretion to approve such waivers.

Free and Low-Cost Legal Help

Several programs provide free or reduced-cost support with expungement:

• Clean Slate Kentucky – (via Kentucky’s Department of Public Advocacy) — offers resources, events, and training sessions to help people determine eligibility and file expungement petitions.

Steps to File

1. Obtain a Certificate of Eligibility for Expungement from the Kentucky State Police Expungement Program.
2. File the petition in the circuit or district court where the case was handled.
3. Pay the fee or submit a waiver request.
4. Attend a hearing if required by the judge.
5. If approved, the conviction will typically be expunged and sealed.

When filing, applicants typically need to provide the following:

• Full legal name and date of birth.
• Social Security number.
• Case number and county of conviction.
• Documentation of sentence completion and restitution payments.

How To Get Sealed Records In Kentucky

A record under seal is not available to everyone. To obtain a sealed record, a requester may either obtain notarized consent from the person listed in the record or obtain a court order. Alternatively, interested persons may wait out the validity period of the seal.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that may be used for filtering specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability cannot be guaranteed.