Expunging a criminal record helps individuals move forward with their lives. This process legally seals past offenses, making it easier to apply for jobs or housing without a criminal record affecting those opportunities.
It is important to understand the process of expunging a record in Kentucky.
Determine eligibility
The first step in expunging a criminal record involves determining eligibility. Not all crimes qualify for expungement in Kentucky. Generally, misdemeanors and certain Class D felonies qualify, while violent crimes, sex crimes, and other serious offenses do not. The individual must also meet waiting period requirements—typically five years after completing sentencing for misdemeanors or ten years for eligible felonies.
File a petition for expungement
Once the individual confirms eligibility, they must file a petition for expungement in the court where the conviction occurred. This petition needs to include relevant details such as case numbers and personal information. The individual must also pay a filing fee and submit the petition within the guidelines set by Kentucky law.
Attend the hearing
After filing the petition, the court will set a hearing date. During this hearing, the court reviews the petition and listens to any objections from the prosecutor. The petitioner may need to present evidence showing rehabilitation and that expungement serves the best interest of justice. A judge will ultimately decide whether to grant the expungement.
Post-hearing steps
If the court grants the expungement, the individual’s criminal record gets sealed, and the person can legally state that the offense never occurred in most situations. The individual should follow up with any necessary agencies to confirm that all records have been updated accordingly.
Moving forward after expungement
Clearing a criminal record can be life-changing. The expungement process in Kentucky offers individuals the opportunity to regain control of their futures, free from the burden of a criminal past.
