Kentucky: Adult Convictions (KY-C-4)

Records relating to an offense for which the petitioner received a full pardon can be expunged by the court. KRS § 431.073(1).

Record Detail(s)

Pardon

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the court in which the conviction occurred as a motion in the original case, and must include a certificate of eligibility pursuant to section 431.079. 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

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

There is no statutory language regarding a waiting period.

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