- Kentucky Revised Statute 431.078 states "any person who has been convicted of a misdemeanor or a violation, or a series of misdemeanors or violations arising from a single incident, may petition the court in which he was convicted for expungement of his misdemeanor or violation record."
Not all offenses may be expunged. Persons with sexual offenses or felony convictions are not eligible. Neither may traffic violations be expunged. - To petition for expungement in Kentucky, the petitioner may file no sooner than five years after completing his sentence or successfully completing his probation, whichever is later.
- The process of petitioning has a number of steps which must be carefully followed. The intake portion of the process consists of obtaining a criminal history background check, completing paperwork, paying fees and receiving a court date.
Following intake, the court updates the petitioner's information and sends notice of the filing to appropriate parties, including any victims. The defendant must appear in court for the adjudication of her petition.
In the final phase, upon granting the expungement, the court checks for outstanding bench warrants and summons, sends certified copies of the expungement order to the defendant and other appropriate parties and seals the records.