Kentucky: Adult Convictions (KY-C-2)

Records relating to a series of misdemeanors, violations, or traffic infraction convictions not arising from a single incident can be expunged by the court five years after sentence completion if the petitioner meets the criteria specified in subsection (5). KRS § 431.078(1)(b), (2), (5).

Record Detail(s)

Misdemeanor

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

See section 431.078(4)(a) and (d) for offenses ineligible for expungement.

Procedure General

The petition must be filed in the court in which the conviction occurred, and must include a certificate of eligibility pursuant to section 431.079. If the petitioner meets the criteria listed in subsection (5), the court can grant the petition. For the specific procedure, see KRS §§ 431.078, 431.079.

Fees

An expungement certification, which requires a processing fee, must be filed along with the petition. The filing fee for a petition under this section is $100, $50 of which is deposited into a trust and agency account for deputy clerks. KRS § 431.078. The fee may be waived if the petitioner qualifies as a 'poor person' under KSA. § 453.190(1).

Effect

Proceedings regarding the case are deemed never to have occurred, and state-performed background checks will indicate that the records do not exist. The petitioner and the court can reply that no record exists. The petitioner need not disclose the record on an application for employment, credit, or other type of application. KRS § 431.078(6).

Forms

Online requests for expungement certification can be made here.

Waiting Periods

The petition can be filed five years after sentence completion.

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