Kentucky: Adult Non-Conviction Arrests (KY-NC-2)

Records related to a criminal offense can be expunged by the court 6 months after the charges filed in the district court do not result in an indictment by a grand jury. KRS § 431.076(1), (2).

Record Detail(s)

Charges resolved in favor of defendant

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

At court's discretion

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 district or circuit court in which the charges were filed. For the specific procedure, see KRS § 431.076(3)(b).

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

For an application to expunge records in Kentucky, visit here.

Waiting Periods

The petition can be filed 12 months after the charges filed in the district court do not result in an indictment by the grand jury.

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