Kentucky Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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US-02243BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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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.

Misdemeanor: Eligible for expungement after 1-year. There is no filing fee. File the Dismissal Form in the court of dismissal. Felony: Eligible for expungement after 3-years.

The law specifically excludes expungement for any violent crimes, sexual offense or for any crimes against children or public corruption.

Ing to the Clean Slate Act, the Kentucky State Police and the Administrative Office of the Courts would identify eligible convictions for expungement. After compiling a list, the Administrative Office of the Courts will inform the original jurisdiction courts of which convictions qualify for sealing.

You cannot have any misdemeanor or felony convictions on your record for the five years before you apply for expungement. You must wait five years after you complete your sentence, pay any fines or fees, or complete probation, whichever is later.

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.

Filing Fees The total fee for a felony expungement is $300. A $50 non-refundable filing fee is due at the time the application is filed. If the application is granted, the defendant must pay an expungement fee of $250, which can be made in installment payments.

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.

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Kentucky Petition for Expungement of Record in Case of Acquittal and Release without Conviction