Kentucky Order Voiding Conviction and Sealing Records is a legal process that allows individuals to have criminal convictions and records erased from their criminal records. This process is available for those who have been convicted of misdemeanors or felonies in the state of Kentucky. The process can be initiated by filing a motion with the court and proving that the conviction was unlawful or unjustified. There are two types of Kentucky Order Voiding Conviction and Sealing Records: voiding convictions, which erases the conviction from the record, and sealing records, which hides the record from public view. The process can take several months to complete, and if it is successful, it can lead to improved employment and housing opportunities.
Kentucky Order Voiding Conviction and Sealing Records
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FAQ
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 obtain a pardon for your conviction by the Kentucky Governor or President of the United States, your firearm rights may be restored. Under the new expungement laws, those convicted of Class D felonies may be eligible for restoration of firearm rights.
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.
The Kentucky law does not include any federal court charges. The law covers 61 felonies, (see attached list) or about 70% of the available infractions. The law specifically excludes expungement for any violent crimes, sexual offense or for any crimes against children or public corruption.
Most Class D felony convictions (with limited exceptions) are eligible for expungement. KRS 431.073 outlines the process for a person to file an application to have his or her conviction vacated and expunged.
Kentucky's courts may now expunge your misdemeanor record if you have no pending charges and the expungement petition is filed no sooner than (5) five 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.
Timeline to File for Felony Expungement An application cannot be filed 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 or parole, whichever occurs later.
Most Class D felony convictions (with limited exceptions) are eligible for expungement. KRS 431.073 outlines the process for a person to file an application to have his or her conviction vacated and expunged. If the court grants the application, the original judgment will be vacated and the charges dismissed.