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Expungements are governed by statute (KRS 431.076-431.078):

http://www.lrc.ky.gov/krs/431-00/076.pdf and http://www.lrc.ky.gov/krs/431-00/078.PDF

and are not left to the discretion of the Judge or prosecutor. Only misdemeanor offenses may be expunged. However, there are certain felony drug offenses that are potentially eligible for expungement. Additionally, some felony pleas and sentencing orders allow for the expungement of felonies after the successful completion of the terms of diversion or probation. It is crucial for you to secure representation by an experienced criminal defense attorney when charged with a felony to insure that the correct language permitting the expungement of the charge is included in any guilty plea and/or sentencing orders of the court.

Expungements of Misdemeanor Charges that are Dismissed

If your misdemeanor charges are dismissed you have the right to move the court to expunge (remove) the charge from your record 60 days after the court’s order of dismissal was entered. The dismissal must be with prejudice and not in exchange for a guilty plea to another offense. The court may continue the case in order to allow the County Attorney or Commonwealth Attorney to respond to the expungement motion. After the expungement is signed by the Judge, the proceedings in the matter shall be deemed never to have occurred. The person whose record is expunged shall not thereafter have to disclose the charges or any facts relating thereto on any application for employment, credit, or other type of application. The expungement order will require the removal of arrest records, fingerprints, photographs, index references, or other data, whether in documentary or electronic form, relating to the arrest, charge, or other matters arising out of the citation or arrest.

Expungement of a Criminal Charges-Finding of Guilt

If you plead guilty to the original criminal charge or a reduced charge you must wait five to seven years (depending on whether you received a suspended jail sentence or probation) on a misdemeanor to have the charge expunged. The issue of whether a defendant has to wait five or seven years is currently being litigated in Jefferson Circuit Court. You are eligible for expungement only if:

The offense was not a sex offense or an offense committed against a child; and
The defendant has no previous felony conviction; and

The defendant has not been convicted of any other misdemeanor or violation offense in the five years prior to the convictions sought to be expunged; and

The defendant has not since the time of the conviction sought to be expunged been convicted of a felony, a misdemeanor, or a violation; and

There is no proceeding/concerning a felony, misdemeanor or violation pending or being instituted against the defendant and the offense(s) sought to be expunged was/were offenses against the Commonwealth of Kentucky.

The motion is filed no sooner than five (5) years after completion of Defendant’s sentence OR five (5) years after successful completion of the Defendant’s probation, whichever is later.

THE EXPUNGEMENT PROCESS:

After I meet with you and learn about your case, I will request a copy of your criminal record from the Administrative Office of the Courts. In addition, I will prepare a motion to expunge and an expungement order directing various state and police agencies to expunge their records of your arrest. I will meet with the clerk’s office and file the expungement motion and request a hearing date. Typically, the hearing dates are 4-6 weeks after the expungement motion has been filed. At that court date, I will be able to represent you without your having to attend the hearing. At the first hearing the Court will either grant or deny the motion. The Court may also provide the County Attorney with the opportunity to review your record, thus postponing a ruling on the hearing for several more weeks. On the date the expungement is entered I will secure a copy and mail a stamped copy of the order to you.

I recommend that my clients secure a copy of their criminal records 4-6 weeks after the expungement order is signed by the Judge in order to verify the expungement has occurred. You may obtain a copy of your criminal record from the Louisville Metropolitan Police Department . The Police Records Department is located at 768 Barrett Ave, Louisville, KY 40204, and their phone number is (502) 574-7064. To receive a copy of your criminal record, you will need to present your driver’s license or other accepted form of identification. The Records Department will charge at least $0.25 per copied page.

Unfortunately, it has been my experience that expungement orders are not always sent and acted on by the reporting agencies. It is critical that you keep the copy of the order for your files and confirm that the order was entered by the reporting agencies. If your criminal record has not been expunged in 4-6 weeks, please call my office and schedule an appointment.

Misdemeanor expungements cost anywhere between $400-$500 per expungement. In addition the Kentucky Administrative Office of the Courts(AOC) charge a $100 processing fee for expungements of guilty pleas. In addition you will need to pay a 15.00 AOC copying charge. Felony expungements, if available are higher.