How To Get Your Criminal Record Expunged in Kentucky
In Kentucky, the consequences of a conviction can be complex and far-reaching. Individuals with criminal records often face significant challenges when seeking employment, housing, and managing their finances, especially when establishing good credit. Employers usually conduct thorough background checks during the hiring process, which often disclose any criminal histories.
Fortunately, Kentucky law offers specific avenues for those aiming to lessen the impact of their convictions. There are provisions that allow eligible parties—including offenders and those accused—to pursue the removal or limitation of their criminal records from public view. This process, known as record sealing or expungement, can greatly improve a person’s chances of successfully reintegrating into society.
Who Is Eligible for Expungement?
Expungement eligibility in Kentucky is determined by the nature and classification of the offense on an individual’s criminal record. As a result, a person may be eligible to have their adult criminal record expunged if they meet any of the following criteria:
Acquittal or Dismissal
If an individual was found not guilty of the charges against them, the court dismissed the case, or the grand jury decided not to indict them. This indicates that there was insufficient evidence to proceed with criminal charges.
Pardon
The governor granted the individual a complete pardon, officially forgiving their criminal conviction and restoring their rights.
Misdemeanor Convictions
An individual was convicted of one or more misdemeanor offenses. There is no limit on the number of misdemeanor convictions that can be expunged from a person’s record, allowing individuals to clear multiple misdemeanors regardless of whether they occurred in separate cases or different counties.
Class-D Felonies
An individual was convicted of certain specified Class-D felonies, which typically involve less severe offenses and may qualify for expungement under particular conditions.
Which Crimes May Not Be Expunged?
To expunge a misdemeanor conviction, the offense must meet specific criteria:
Nature of the Offense
The misdemeanor cannot be categorized as a sex offense, which includes crimes such as sexual assault, exploitation, or any form of sexual solicitation. Additionally, it must not involve any offenses against a child, which encompasses crimes such as child abuse, neglect, or exploitation.
Enhancement Criteria
A misdemeanor conviction with prior enhancements—classified as a second or subsequent offense—may disqualify individuals from expungement. Enhancement increases sentence severity based on criminal history, affecting expungement eligibility.
Additional Criteria for Expungement Consideration
Applicants must be free of any pending criminal charges or convictions for at least five years before submitting their application. Specifically, for DUI (Driving Under the Influence) charges, a longer waiting period of ten years is required. This ensures that individuals with a history of such offenses have had adequate time to demonstrate rehabilitation and responsible behavior before being considered for approval.
Can Juvenile Records Be Expunged?
Juvenile records may also qualify for expungement under certain conditions. This includes offenses such as violations, misdemeanors, single felonies, or multiple felonies that are related to the same case or stem from the same occurrence. The expungement process requires a two-year waiting period, which starts on the date the individual successfully completes probation or is discharged from a juvenile facility. Within this period, the individual must show compliance with probation terms and uphold a law-abiding lifestyle.
Contact Hoffman Walker & Knauf To Learn More
At Hoffman Walker & Knauf, our criminal defense attorneys strive to reduce the repercussions of criminal charges by providing skilled legal representation. Whether we seek case dismissals, secure acquittals, or pursue alternative sentencing options, we have a proven history of keeping criminal charges from disrupting our clients’ lives.
If you or someone you care about is considering seeking an expungement in Kentucky, contact Hoffman Walker & Knauf today to speak with our legal team.
