How to File for Expungement in Kentucky

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.

The eligibility certification costs $40. Misdemeanor petition: $100. Felony: $50 when filing, plus a $250 expungement fee if granted (total $300). The $250 can be paid in installments, but the record is not expunged until it is paid in full. The courts say there is no filing fee for expunging felony charges that did not lead to an indictment.

If a court acquits a person or dismisses all charges in a case with prejudice (and not in exchange for a guilty plea to another charge), it must order the record expunged after 30 days unless the person objects. People whose records were not expunged that way can petition the court that decided the case. Waiting periods: 60 days after an acquittal or dismissal with prejudice; 6 months after District Court sends a felony to the grand jury, if no indictment follows; and for dismissals without prejudice, 3 years for felony charges or 1 year for misdemeanor charges. No certificate of eligibility is needed for dismissed, acquitted or never-indicted charges, and the courts say there is no filing fee to expunge felony charges that did not lead to an indictment.

The Kentucky State Police Records Division provides name-based Kentucky adult criminal history checks (no fingerprints) by mail or walk-in, with the person's permission; the fee is $20 by check or money order payable to the KY State Treasurer, and mail requests take about 10 business days. The Records Division is temporarily at 1050 US 127, Frankfort, KY 40601 during renovation of its Louisville Road office; phone 502-227-8700. Request forms are on the KSP Background Check Forms page. KSP notes that the FBI separately lets members of the public obtain their own national criminal history for record review by fingerprints (IdentoGO locations in Kentucky).