The Kentucky Petition for Expungement (For Acquittal, Dismissal with Prejudice, or Failure to Indict) is a legal filing to the court by an individual who has been charged with a crime but has been acquitted, dismissed with prejudice, or not indicted. This petition seeks to have the individual's records, including any arrest or court records, expunged from the public record. The filing of the petition does not guarantee that the records will be expunged, as there are certain requirements that must be met. The three types of Kentucky Petition for Expungement (For Acquittal, Dismissal with Prejudice, or Failure to Indict) are: 1. Acquittal — This is when the individual has been found not guilty of the charges by a jury or judge. 2. Dismissal with Prejudice — This is when the charges against the individual have been dismissed by the court and the case cannot be refiled. 3. Failure to Indict — This is when the grand jury has declined to indict the individual on the charges. Once the Petition for Expungement is filed, the court will review the petition and determine if the individual is eligible to have his or her records expunged.
Kentucky Petition for Expungement (For Acquittal, Dismissal with Prejudice, or Failure to Indict)
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FAQ
File the appropriate petition for expungement with the Office of Circuit Court Clerk in the county where the original charge was filed. The petition must be filed before the certification expires in 30 days. The Administrative Office of the Courts is prohibited from providing legal advice.
Expunging your record means the charge will be permanently removed from all records. Generally a case must have been fully dismissed in order to qualify for expunction, and there are strict guidelines for eligibility.
Once an expungement petition is filed with the court, the process will take at least 120 days to complete. The Commonwealth of Kentucky also makes this an easy online process, which most people can do themselves and with nominal fees.
Felony expungement is prohibited for Class C, B, and A felonies and for capital offenses. The general rule is that expungement is limited to one felony per impacted person. There are exceptions to the 1-felony rule, as explained below.
If you were convicted of misdemeanors or a Class-D felony or a series of Class-D felonies arising from the same incident, you must wait five years. If you were convicted of a DUI, you must wait 10 years from the date you were charged.
Felonies. In Kentucky, 61 specific felony convictions listed under the felony expungement statute may be expunged. These are Class D non-violent offenses, many of which pertain to drug possession or theft.
Question: Why does the certification of expungement process take up to 60 days? This time frame allows the Kentucky State Police and the Administrative Office of the Courts to run criminal record reports on the requestor and thoroughly review the requestor's information.
State law requires a certificate of eligibility be included with a petition for expungement of criminal conviction. Individuals who wish to have their criminal conviction records (charges/cases) expunged must complete the expungement certification process to determine if they are eligible for expungement.