Expungement of Criminal Records in the State of Kentucky

 

No one wants a record of their past mistakes following them around for their entire life, but that is exactly what will happen if you are arrested and charged in the state of Kentucky. You will have the arrest information cited on your criminal record, and it will be there for all the world to see every time you have to apply for a job, an apartment, a credit card, a loan – you won’t even be able to get licensed for some professional organizations. Worse than the embarrassment of having this happen is that fact that having a criminal record will likely cause people to pass you over for things like jobs and housing.

 

This is why the federal government allows for the legal procedure known as expungement, so that people who are trying to put their lives back on track can be put on some semblance of even footing with the rest of society. Expungement means the sealing away of all information and records related to your criminal charge from public view. Basically, when you fill out applications or go to interviews, you can legally say you’ve never been charged with anything, and if someone does a background check, it will appear as if your arrest never happened.

 

Each state has different rules and guidelines for expungement, and some have outlawed the process completely. Thankfully, Kentucky is not one of those states, though there are rules that render most felony convictions ineligible for expungement. In fact, the only felonies that can be considered are Class D drug felonies.

Differences Between Expungement and Sealing in Kentucky

Kentucky also has another process to hide criminal records – sealing. Many people use these two terms interchangeably, but in the state of Kentucky, there are specific differences between the two processes. Sealing a record in the state means simply that it will be inaccessible by the general public. Expunging a record, however, makes it like the crime never occurred in the first place. If someone were to attempt to contact the court about a case that has been expunged, they would simply say that no record exists for that case. Also, the individual whose record has been expunged is not required to tell potential employers about the arrest or charge in his or her past.

How Exactly Are Records “Expunged”?

 

Some states actually destroy the physical copies of files when a record has been expunged, but this is not the case in Kentucky. Instead, your records will be sealed away so that no one may access them except in specific circumstances, and only by entities such as public officials, the police, and immigration authorities.

Which Kinds of Crimes Are Eligible for Expungement in Kentucky?

 

The right for expungement of misdemeanor criminal records is upheld in Kentucky Revised Statute Section 431.078. However, this does not mean that all misdemeanors, or that misdemeanors perpetrated by all persons, will be eligible for expungement.

 

Eligible persons include:

 

• Individuals whose crime consisted of a state offense
• Individuals with prior convictions for misdemeanors or violations that occurred within the 5 years preceding the case seeking expungement, provided those individuals have successfully finished sentencing and probation
• Individuals who have not been convicted of a misdemeanor or violation in the 5 years preceding the case seeking expungement

 

Any people falling into the above two categories must also show that they have not been convicted of a misdemeanor, violation, or a felony since petitioning for expungement, nor can that person be facing any proceedings related to a misdemeanor, violation, or felony at the time he or she applies for expungement.

If finding work or housing is proving next to impossible because you have a criminal record, seeking expungement of your record might be the answer if you are eligible for expungement. Kentucky expungement forms are available online.

Ineligible crimes include:

• offenses against the Commonwealth of Kentucky
• offenses by repeat offenders
• offenses against children
• sex offenses

 

There is a caveat for some Kentucky sexual charges, however. If someone is accused by his or her spouse of a sexual offense and either a not guilty decision was arrived at or the charge was dismissed with prejudice, those charges are considered eligible for expungement.

 

One area where Kentucky is especially strict is in the matter of felony convictions. Not only are almost all felonies ineligible for expungement, if someone has been convicted of a felony previously, that renders the person ineligible to apply for expungement of a lesser crime.