Kentucky: Adult Convictions (KY-C-3)

Records relating to a single conviction of a specified Class D felony, or a series of such convictions arising from a single incident, can be expunged by the court five years after sentence completion. KRS § 431.073(1), (2).

Record Detail(s)

Felony

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

Only Class D felonies listed in section 431.073(1) are eligible.

Procedure General

The petition must be filed in the court in which the conviction occurred, and must include a certificate of eligibility. If the petitioner meets the criteria listed in subsection (4), the court can grant the petition. For the specific procedure, see KRS §§ 431.073, 431.079.

Fees

The filing fee for a petition under this section is $50, with an additional $250 due if the petition is granted. The $250 may be paid in installments. KRS § 431.073(10), (11). The fee may be waived if the petitioner qualifies as a 'poor person' under KSA. § 453.190(1).

Effect

The proceedings are vacated and expunged, and do not appear on state-performed background checks. The court and other agencies will reply to any inquiry that no record exists. The petitioner need not disclose the record on an application for employment, credit, or other type of application, and their ability to vote is restored. KRS § 431.073(6).

Forms

For the application to expunge a record in Kentucky, visit here.

Waiting Periods

The petition can be filed five years after sentence completion.

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