Kentucky: Adult Non-Conviction Arrests (KY-NC-1)

Beginning July 15, 2020, records related to a criminal offense will be expunged by the court 30 days after the charges are dismissed with prejudice or a finding of not guilty. KRS § 431.076(1)(a).

Record Detail(s)

Charges resolved in favor of defendant

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

This section does not apply to minor traffic offenses.

Procedure General

The petition must be filed inÃ‚ the district or circuit court in which the charges were filed. For the specific procedure, see KRS § 431.076.

Fees

There is no statutory language regarding fees.

Effect

Proceedings regarding the charges are deemed never to have occurred, and official state-performed background checks will indicate that the records do not exist. 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. KRS § 431.076(6). The court will order agencies to expunge the records. KRS § 431.076(4), (5).

Forms

An application to expunge records in Kentucky can be found here.

Waiting Periods

The petition can be filed 60 days after charges are dismissed with prejudice or a finding of not guilty.

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