In Kentucky, your criminal record can follow you for years. This can affect your employment, housing and educational opportunities. To give people the opportunity to start over, the state allows people to clear records of their arrests, charges and convictions. It is important to learn what it means to expunge your criminal record, as well as which crimes qualify under expungement in Kentucky law.
What is expungement?
Expungement refers to the process of removing your cases from public view and treating them as if they did not happen. After removing these cases, courts and law enforcement agencies erase or seal your records.
You can accomplish this by acquiring a certificate of eligibility before filing a petition for expungement in court. Afterwards, you can then claim that the relevant arrests or convictions did not happen when applying for a job, credit or any other type of application.
Kentucky allows broad relief for cases that did not result in a conviction. By law, courts must clear records for charges that end in dismissal with prejudice or acquittal. People can also file a petition to expunge their criminal records, preventing them from dealing with lifelong consequences for certain crimes.
Bear in mind that some agencies, such as law enforcement like the Kentucky State Police, may retain nonpublic records for certain legal purposes.
Which misdemeanors and felonies qualify for expungement?
You can clear certain felonies and misdemeanors after a five-year waiting period after the completion of your sentence, probation and paying your fines. During this period, you must avoid new convictions. Some offenses are expungable, with exceptions involving sex crimes or crimes against children.
Similarly, some class D felonies are eligible for expungement – specifically non-violent and non-sexual crimes such as theft or drug possession.
To have your criminal record cleared, you must obtain an expungement certification from the Kentucky State Police before filing an application in court. Judges then examine your case and review public safety and the interests of justice before determining whether or not to grant your request.
Kentucky’s laws can give you a second chance, allowing you to start over without losing major opportunities due to your criminal record. While you must wait five years until after your sentence ends, successful expungement can remove a major barrier to employment and stability.