A past criminal case can continue to weigh on you, especially if you worry about how your record may affect work, housing or future opportunities. If you have a charge or conviction in your past, you may wonder whether you can move forward without it following you. Expungement may provide a path to clear an eligible record.
Crimes that may qualify for expungement
Kentucky law allows expungement for certain criminal records, but eligibility depends on the type of case and your circumstances. For example, most Class D felony convictions may qualify, with specific exceptions.
Certain misdemeanor convictions may also qualify. Dismissed or acquitted cases follow different rules, and some may receive automatic expungement.
Wait until you meet the time requirements
Before you apply, you need to make sure enough time has passed since you completed the sentence. Kentucky sets different requirements depending on the type of record:
- Misdemeanor conviction: You generally must wait five years after completing your sentence, including probation and required payments.
- Class D felony conviction: You generally must wait five years after completing your sentence, probation or parole, whichever comes later.
- Recent convictions: You generally cannot have a misdemeanor or felony conviction during the five years before filing.
- Pending charges: You generally cannot have pending criminal charges when you seek expungement of a conviction.
These requirements can vary based on your offense and circumstances. Reviewing your specific record for eligibility before filing can help you avoid submitting a premature or ineligible petition.
Start the expungement request
Once you meet the requirements, you can begin the formal request. For a conviction, you first need an expungement certification from the Kentucky Administrative Office of the Courts.
After you receive it, you must file the appropriate petition and certification with the circuit court clerk in the county where your case originated. The certification remains valid for 30 days, so you need to file within that period.
The judge then decides whether to approve your request. If the court grants the expungement and you pay the required fees, the court directs the relevant agencies to remove the eligible records.
Steps toward a fresh start
A past record can keep causing stress, but it may not have to follow you forever. If you qualify, expungement may help you move forward and leave that part of your past behind. Reviewing your options can help you take the right steps toward a fresh start.