Kentucky: Adult Non-Conviction Arrests (KY-NC-4)

Records relating to a criminal offense that is dismissed without prejudice can be expunged by the court after 3 years for felony charges and 1 year for misdemeanor charges. KRS § 431.076(2)(c).

Record Detail(s)

Charges resolved in favor of defendant

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Hearing

At court's discretion

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language on ineligible offenses.

Procedure General

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

Fees

There is no statutory language on fees.

Effect

Proceedings regarding the charges are deemed never to have occurred. Official state-performed background check indicates that the records do not exist. Court and other agencies reply to any inquiry that no record exists. The petitioner need not disclose the fact of the record on an application for employment, credit, or other type of application. KRS § 431.076(6). Court orders expungement of records from agencies. KRS § 431.076(4), (5).

Waiting Periods

The petition can be filed three years after dismissal without prejudice.

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