House Bill 327 requires all cases that were dismissed with prejudice/acquitted on or after July 15, 2020, to be automatically expunged after 30 days, excluding traffic cases. No action is required by the defendant.
The distribution of this expungement order includes the following:
- Defendant/Defendant’s Attorney
- County Attorney/Commonwealth Attorney
- Kentucky State Police
- Arresting Agency
- Local Jail
Defendants who need this order to be sent to any agency other than those listed above must notify the court within 60 days of expungement. The Kentucky State Police is the agency responsible for notifying any federal agencies of an expungement, so the defendant will not need to notify the court of any of those agencies.
A defendant can object to the expungement by filing a written objection within 30 days of the dismissal/acquittal.
Effective June 27, 2019, most Class D felony offenses (with limited exceptions) are eligible for expungement pursuant to KRS 431.073.
KRS 431.073 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. Upon payment of the expungement fee, records in the custody of any other agency or official, including law enforcement records, will be expunged.
To learn how to apply for a felony expungement,
State law requires every petition for expungement of convictions in Kentucky to include a certificate of eligibility for expungement. Individuals who wish to have their criminal records (charges/cases) expunged must complete the expungement certification process to determine if they are eligible for expungement.
To learn how to apply for an expungement certification,