How to Expunge a Criminal Record in Northern Kentucky

How to Expunge a Criminal Record in Northern Kentucky

A past criminal conviction can create significant barriers to a new job, housing, and educational opportunities. Thankfully, Kentucky law allows for the expungement of certain criminal records, a legal process that can clear your name and provide a fresh start.

This guide from Kloeker Law explains who is eligible for expungement and what the process involves.

What is Expungement?

Expungement is a court-ordered process that effectively erases a past criminal record. Once an expungement is granted, the conviction is vacated and dismissed, and the records are removed from official state-performed background checks. In most cases, you can legally state that the arrest or conviction never occurred.

Who is Eligible in Kentucky?

Kentucky law has specific eligibility requirements for expungement:

• Dismissed Charges: If your charges were dismissed, you were found not guilty, or the grand jury did not indict you, you are generally eligible for expungement.

  
  

• Misdemeanor Convictions: Most misdemeanor convictions can be expunged five years after you complete your sentence, probation, or parole.

  
  

• Felony Convictions: In Kentucky, most Class D felonies can be expunged, but the waiting period is typically five years after you complete your sentence. More serious felonies, violent crimes, and sexual offenses are generally not eligible.

  
  

• Clean Record: To be eligible, you must not have any pending charges and have no new convictions during the waiting period.

The Expungement Process

The process can be complicated and requires careful attention to detail.

1. Request Certification: You must first obtain an Expungement Certification from the Administrative Office of the Courts. This document verifies your eligibility.

   
   

2. File a Petition: You or your attorney must then file a formal petition with the Circuit Court Clerk in the county where the conviction occurred.

   
   

3. Court Hearing: If the prosecutor objects to the expungement, a hearing will be scheduled where a judge will decide. If there is no objection, the judge may grant the expungement without a hearing.

   
   

Frequently Asked Questions (FAQs)

Q: Can I expunge more than one conviction? A: In many cases, yes. You can expunge an unlimited number of misdemeanor convictions and, under certain circumstances, more than one Class D felony.

Q: How long does the process take? A: The expungement certification process can take several months. Once the petition is filed, the court will take at least 60 days to make a decision, depending on whether there is an objection.