Expunging or Sealing a Felony in Kentucky

Most Class D felony convictions (Kentucky's lowest felony class) can be vacated and expunged, along with convictions for any felony if the person received a full pardon. Excluded are DUI, fourth-degree assault, impersonating a peace officer, abuse of public office, sex offenses, offenses against a child, and offenses that caused serious bodily injury or death. The application may be filed 5 years after the sentence, probation or parole ends, whichever is later, and the person must have had no felony or misdemeanor conviction in the 5 years before filing and no pending case. For Class D felonies not on the statute's specific list, the court must also find the person is rehabilitated; if the prosecutor objects, the person must prove at a hearing, by clear and convincing evidence, that expungement is in the public interest. Class A, B and C felonies cannot be expunged unless pardoned.

To expunge a conviction, first get an expungement certification of eligibility from the Administrative Office of the Courts and Kentucky State Police; you can request it online, by mail or in person. Then file the right petition with the Circuit Court Clerk in the county where the charge was filed, within 30 days, before the certification expires: AOC-496.2 for misdemeanors, violations and traffic infractions, or AOC-496.3 (Application to Vacate and Expunge Felony Conviction) for felonies. For felonies, the clerk notifies the prosecutor, who has 60 days to respond, and the prosecutor notifies any victim. If no one objects, the court may decide without a hearing; otherwise a hearing is held. Misdemeanor petitions are set for a hearing at least 30 days after filing, with notice to the county attorney and any victim.

After expungement, the proceedings are treated as never having happened. The records are removed so the matter does not appear on official state-performed background checks, and the court and agencies answer inquiries by saying no record exists. The person does not have to disclose the record on applications for employment, credit or other applications. A vacated felony conviction also restores the right to vote if nothing else prevents it. Prosecutors can keep a nonpublic record for law enforcement use only. Vacating a felony is not a finding of innocence.