Expungement Process 2018-01-18T22:13:13+00:00

Step One

Please go to the “Start Now”  button on our home page and provide the information requested.  We take time to get to know our clients, so we can be better prepared to petition the court for your expungement.  The more positive information we have about you and what you’ve accomplished (or wish to accomplish), the stronger our case will be.

Step Two

Construction Worker Needs Expungement

After the completing Step One above, one of our attorneys will contact you to review your unofficial records with you. If it appears we will be able to help you, we will request a copy of your criminal record from the Kentucky Administrative Office of the Courts and a certification of eligibility of expungement from the Kentucky State Police. Both of these documents must be included in any motion to expunge. There is a $40.00 fee to request the criminal record and certification of eligibility of expungement. The Commonwealth of Kentucky has up to 30 days to respond to our request for records. Upon receipt of these, we will contact you to review your record to determine which, if any, criminal charges are eligible for expungement.

 

Step Three

Once we receive the records, we have exactly 30 days to file the petition to expunge the criminal charges contained on your record. In 95% of our cases, we will not need you to appear in court. It is important that we review your records together. Some offices make mistakes that could make you ineligible for expungement. If in fact you are ineligible, don’t stress. In some cases, there are sections of the law that permit us to qualify you by completing other programs prior to expungement. That is why it is important to hire a lawyer to review with you your criminal records.

Step Four

If you qualify for expungement based on your record, then upon payment of our retainer (typically $300 to $500 for a misdemeanor expungement), we will file the expungement documents with the Court and secure a court date to appear on your behalf. Your hearing date will likely be four to six weeks after the expungement motion has been filed. We will appear on your behalf in court.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, we will secure a copy and mail a stamped copy of the order to you.

Please note, if you are seeking the expungement of a guilty plea or finding of guilt, the Commonwealth of Kentucky requires that you pay an additional $100 fee to the Circuit Court Clerk’s Office to process your expungement.Also, there is a $500.00 filing fee, if we are required to file your petition in Circuit Court.

Step Five

I recommend that you secure a copy of your criminal record four to six weeks after the expungement order is signed by the judge to verify the expungement has occurred. You may obtain a copy of your criminal record from the Kentucky Administrative Office of the Courts or the Kentucky State Police.

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 a 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 four to six weeks, please call my office.

 

Kentucky Expungement Process Benham Sims

 

 

Helped Expungement Bills
Kentucky Republican Senator Julie Denton
House Judiciary Chair Darrel Owens
Worked with Metro Council member David James and Greater Louisville Inc.,
Chamber of Commerce for Louisville to support House Bill 40.