An expungement is where the court, law enforcement, and state agencies seal any record of a specific charge.
According to KRS 431.076 (6), “After the expungement, the proceedings in the matter shall be deemed never to have occurred. The court and other agencies shall delete or remove the records from their computer systems so that any official state-performed background check will indicate that the records do not exist. The court and other agencies shall reply to any inquiry that no record exists on the matter. The person whose record is expunged shall not have to disclose the fact of the record or any matter relating thereto on an application for employment, credit, or other type of application.”
Similar to a dismissed charge, a charge you were found not guilty of can be expunged, 60 days after you were found not guilty.
According to KRS431.078 (1), “Any person who has been convicted of a misdemeanor, a violation, or a traffic infraction not otherwise classified as a misdemeanor or violation, or a series of misdemeanors, violations, or traffic infractions arising from a single incident, may petition the court in which he was convicted for expungement of his misdemeanor or violation record…”
According to KRS431.078 (2), “Except as provided in KRS 218A.275(8) and 218A.276(8), the petition shall be filed no sooner than five (5) years after the completion of the person's sentence or five (5) years after the successful completion of the person's probation, whichever occurs later.”
According to KRS431.078 (4), the following exceptions apply to expungements:
(a) The offense was not a sex offense or an offense committed against a child;
(b) The person had not in the five (5) years prior to the filing of the petition for expungement been convicted of a felony or a misdemeanor;
(c) No proceeding concerning a felony or misdemeanor is pending or being instituted against the person; and
(d) The offense is not one subject to enhancement for a second or subsequent offense or the time for such an enhancement has expired.
According to KRS 431.078 (10), “As used in this section, "violation" has the same meaning as in KRS 500.080”. KRS 500.080 defines a "violation" as “…an offense, other than a traffic infraction, for which a sentence to a fine only can be imposed;”
1. If your charge has been dismissed with prejudice, I would be able to file a motion 60 days after the dismissal and the court will either expunge the charge based on the motion or the court will schedule a hearing and I will present your case at the hearing.
2. If your charge involved a guilty plea, I would verify that you are eligible for expungement and that the 5 year time period has passed. Next, I would request the “certification” from the Kentucky state police, which tells the court that you are eligible for the expungement. I would then file a motion, along with the “certification”, with the correct court. The court will then either expunge the charge based on my motion or the court will schedule a hearing and I will present your case at the hearing.