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Meyman Law, PLLC > Practices > Criminal Defense

Criminal Defense (Expungement and Record Sealing)

Expungement and Record Sealing

  • We all make mistakes. It is time to put those behind you. Unless you apply for expungement, your past offenses will continue showing up on background checks.
  • Kentucky permits expungement of misdemeanors convictions, certain Class D felony convictions, and non-convictions/dismissals.
  • As long as there are not currently any charges pending against you, you haven’t been convicted of any misdemeanor or felony in the past five (5) years (traffic violations do not count), and five years have passed since the completion of your sentence (including fines and probation), you are most likely eligible for expungement.
Link Referenced:
"Kentucky Court of Justice - HB 40 lists specific Class D felony charges that are eligible for expungement."

Additional caveats for expungement eligibility:

  • In order to expunge a class D felony, you must have never previously expunged a class D felony (unless multiple class D felonies arose out of the same incident).
  • Sex offenses and offenses against children are ineligible for expungement.
  • You must wait at least sixty (60) days from a dismissal or acquittal to file a petition for expungement.
  • You must wait twelve (12) months from the submission of your case to a grand jury in order to expunge a failure to indict.
  • If the statute under which you were convicted mentions enhanceability for a second or subsequent offense, you are most likely not eligible for expungement.
  • If a dismissal was in exchange for a guilty plea, it cannot be expunged. KRS 431.076(1).
  • Record Sealing: (AKA “void and seal”)
    • Sometimes, you might not meet the requirements for a successful expungement petition. But under certain circumstances, you may be able to seal the record of your offense.
    • Unlike for an expungement, for a void and seal, you need only wait until you complete your sentence.
    • There is no associated cost (except attorney time).
    • Voiding and sealing is still possible if you have a pending charge.
    • Voiding and sealing can ONLY be done with convictions (rather than dismissals).
    • Voiding and sealing can only be done ONCE with respect to any person.
    • You do NOT have to disclose your sealed conviction to anyone ONCE it is sealed. For more information, see KRS 218A.275.
    • For all intents and purposes, a void and seal has the same effect as an expungement.
    • Note: pursuant to KRS 218A.275(12), if you have previously had a charge dismissed after completion of a deferred prosecution under KRS 218A.14151, you are ineligible for voiding and sealing.
  • Gubernatorial Pardon:
    • Ineligible for expungement as well as void and seal? You may be able to receive a partial or full pardon from the governor.
    • You should note that pardons are rare.
KRS 431.076(1)
"A person who has been charged with a criminal offense and who has been found not guilty of the offense, or against whom charges have been dismissed with prejudice and not in exchange for a guilty plea to another offense, or against whom felony charges originally filed in the District Court have not resulted in an indictment by the grand jury, may petition the District or Circuit Court in which the charges were filed to expunge all records."
KRS 218A.275
"Assessment and treatment program for first offenders of possession of controlled substance --Rescission of treatment order --Voiding of conviction --Sealing of records."
KRS 218A.275(12)
"A person who has previously had a charge of possession of controlled substances dismissed after completion of a deferred prosecution under KRS 218A.14151 shall not be eligible for voiding of conviction under this section."
KRS 218A.14151
"Deferred prosecution program for first and second offenders of KRS 218A.1415"

Costs involved in expungement:

  • Expungement certification from Kentucky State Police – this document is mandatory for submission of an expungement petition. It costs $40.00 to order.
  • Misdemeanor conviction expungement – $100 per case (NOT per charge); $50 of which is refunded if petition is unsuccessful.
  • Felony conviction expungement: $500 per case (NOT per charge), $450 of which is refunded if petition is unsuccessful.
  • Dismissal/acquittal/failure to indict – no charge.
Note
Costs listed are in addition to attorney time.

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