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Kentucky Has New Felony Expungement Opportunity

Posted July 8, 2016

Key Newsjournal Staff Report

After expungement formerly convicted persons may check "NO" on applications, when asked about criminal history.

After expungement formerly convicted persons may check “NO” on applications, when asked about criminal history.

Effective July 15, 2016, certain Class D felony convictions can be expunged as a result of the 2016 Kentucky General Assembly passing House Bill 40.
In Kentucky, whether charged or convicted of a crime, information remains on the person’s criminal record. Expungement is the legal process of completely removing an arrest, charge, or conviction from a record.
HB 40 creates a process that permits a defendant to file an application to have his or her conviction vacated and expunged.
If the court grants the application, the original judgment will be vacated and the charges dismissed. Records in the custody of any other agency or official, including law enforcement records, will no longer be available.
Expungement allows formerly convicted or charged persons the right to answer “no” on forms and applications asking about felony or crime convictions.
The first step toward expungement is certification. The clerk of courts will compile an applicant’s criminal record of charges and convictions. The cost is $40 and the process takes up to 60 days. It is important to note that a certification is not an expungement.
Next, individuals who obtain an expungement certification may then file a petition for expungement with the Office of Circuit Court Clerk in the county where the original charge was filed. Only a judge can expunge a charge/case. The filing fee per case is $100.

Free Assistance:
A non-profit organization, Clean Slate Kentucky, offers information on moving past previous criminal conviction in Kentucky. From their website: “Clean Slate Kentucky is a free public service that provides information and training to Kentuckians with criminal records and those who work with affected communities.’’ Information if available on their website: www.cleanslatekentucky.com
Tuesday, August 2 a free expungement information session will be held. There will be opportunities to speak with attorney to determine qualification for free legal services to assist with the expungement process. The session is sponsored by the Kentucky Association of Criminal Defense Lawyers, Department of Public Advocacy, Clean Slate Kentucky, AppalReD Legal Aid and Legal Aid of the Bluegrass.
Expungement Information Session Tuesday, Aug. 2 Lexington Public Library 140 E. Main St. 6 p.m.

Steps to Obtain an Expungement Certification
Online Requests
1. Register at the registration site, https://kcoj.kycourts.net/RecordRequest. An email account is required and will be verified during registration.
2. Complete the online request form.
3. Submit $40 payment. (Accepted forms of payment: American Express, Discover, MasterCard and Visa credit cards and most debit cards.)
4. Check your email for notification when the certification packet is available online.
5. Log in to the registration site to download the certification packet.
6. File the certification documents and the proper expungement petition with the Office of Circuit Court Clerk in the county where the original charge was filed.

In-Person Requests
You may request an expungement certification in-person at the drive-thru window at:
Administrative Office of the Courts
1001 Vandalay Drive, Frankfort, KY 40601
Drive-thru hours are 8 a.m. – 4 p.m. Monday – Friday (except state holidays).
1. Request a paper copy of the Expungement Certification Request Form if you have not already completed the form online.
2. Complete the form.
3. Submit $40 payment. (Accepted forms of payment: American Express, Discover, MasterCard and Visa credit cards and most debit cards; check or money order made payable to Kentucky State Treasurer; cash payment in exact amount.)
4. You will receive your certification packet by U.S. mail at the address you provided.
5. File the certification documents and the proper expungement petition with the Office of Circuit Court Clerk in the county where the original charge was filed.

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