Expungement Attorneys in Kentucky
Expungement in Kentucky
In Kentucky, expungement refers to the destruction of arrest records, fingerprints, photographs, and other data, including electronic data. You are eligible to petition for expungement in Kentucky if you were found not guilty or the charges were dismissed with prejudice and not exchanged for a guilty plea. If you were charged with a misdemeanor or violation and it resulted in dismissal you are eligible as well.
There are waiting periods for filing in Kentucky:
- For violations, including traffic tickets, that were dismissed or where you were acquitted of the charge you must wait 60 days after dismissal or acquittal
- For misdemeanors, including DUI, that were dismissed or where you were acquitted of the charge you must wait 60 days after dismissal or acquittal
- For felonies where the charges were dismissed or you were acquitted you must wait 60 days after dismissal or acquittal
- For violation convictions (including traffic tickets) you must wait five (5) years after the sentence or successful completion of probation, whichever is later
- For misdemeanor convictions (including DUI) you must wait five (5) years after the sentence or successful completion of probation, whichever is later
- For your first conviction of possession of a controlled substance or any conviction for possession of marijuana, synthetic drugs, or salvia you can file immediately after completion of treatment, probation, or other sentence
- For your first conviction for diversion-eligible offenses (i.e. alcohol intoxication, minor possession of alcohol/marijuana, noise ordinance violations, etc..) you may file immediately after completion of probation, payment of fine, or other terms of your sentence
- For juvenile misdemeanors or violation convictions, status offenses, and mental health issues you must wait two (2) years after termination of the court’s jurisdiction or unconditional release from committment.
You are NOT eligible for expungement in Kentucky if:
- You were charged with a sex offense(s)
- If your offense was a sex offense committed against a child
- You have prior felony conviction(s)
- You have been convicted of other violation offenses and misdemeanors in the five (5) years leading up to your petition for expungement
- You have charges pending
- You are still on probation
- You have federal or out-of-state charges.