Ky. Rev. Stat. Ann. § 431.076 deals with expunging certain criminal records. It is aimed at a case that ended without a conviction. The subsections are what a petition has to satisfy.
The petition and the sections next to it
Ky. Rev. Stat. Ann. § 315.121 deals with grounds for acting against licensee -- Notification to board of conviction required -- Petition for reinstatement -- Expungement. The subsections are what a petition has to satisfy.
Ky. Rev. Stat. Ann. § 431.078 deals with expungement of misdemeanor, violation, and traffic infraction records of convictions and dismissed or amended charges. The subsections are what a petition has to satisfy.
On certain felony convictions may be vacated and the records expunged -- Application -- Hearing -- Vacating conviction without a hearing -- Order to vacate and expunge -- Application form -- Fees -- Retroactivity, the Kentucky text is Ky. Rev. Stat. Ann. § 431.073. The statute says: “(1) Any person who has been: (a) Convicted of a Class D felony violation of KRS 17.175, 186.990, 194A.”
Kentucky uses Ky. Rev. Stat. Ann. § 431.079 for who may ask. Read those subsections before you draft. The title is only the outline.
Kentucky uses Ky. Rev. Stat. Ann. § 313.100 for sanctions for violation of statute, administrative regulation, or practice standard -- Administrative hearing -- Criminal charges -- Expungement of record. Read those subsections before you draft. The title is only the outline.
Appellate readings
Commonwealth of Kentucky v. Charlotte M. Jones, 2013 Ky. LEXIS 377 (2013) is worth reading in full. The opinion puts it this way: “The Court held that a voided conviction is not a dismissal with prejudice and therefore does not meet the statutory requirement for expungement under KRS 431.076.”
A practical sequence
- Open Ky. Rev. Stat. Ann. § 431.076 and read the part on expunging certain criminal records. Everything else in the filing has to fit that section.
- Ask the clerk which local form that Kentucky county uses, then check the form against Ky. Rev. Stat. Ann. § 431.076.
- Then read Commonwealth of Kentucky v. Charlotte M. Jones, 2013 Ky. LEXIS 377 (2013). That is a Kentucky court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Kentucky?
Ky. Rev. Stat. Ann. § 431.076 deals with expunging certain criminal records. It is aimed at a case that ended without a conviction. The subsections are what a petition has to satisfy.
How have Kentucky courts ruled on expungement?
Commonwealth of Kentucky v. Charlotte M. Jones, 2013 Ky. LEXIS 377 (2013) “The Court held that a voided conviction is not a dismissal with prejudice and therefore does not meet the statutory requirement for expungement under KRS 431.076.”
Read Ky. Rev. Stat. Ann. § 431.076 in full before you file. A quotation on this page is a starting point, not the whole section.