Expunging a felony from your criminal record in Kentucky depends on a few factors. According to the Kentucky Court of Justice, you must first make sure that your crime is one that can be expunged. Approved Class D felonies are eligible, but you also must have completed your sentence, probation or parole at least five years ago. These basic requirements must be met before you can begin the application process. At Shumate, Flaherty, Eubanks & Baechtold, we recommend reviewing all aspects of your case because there are other circumstances that could affect your eligibility.
To file, you need to get an expungement certificate. This verifies that you are eligible. You will have to pay a fee to get this. You must also complete the Application to Vacate and Expunge Felony Conviction. The application will gather basic information about you, such as your name and address, along with identifying information about the criminal case, such as the case number and jail ID. You will also need to provide information about the victims of your crime if you know it, along with information about your arrest. The application must be notarized.
You must turn in your application and the expungement certificate, along with the filing fee to the clerk of courts office. If you have an attorney, he or she can file it for you online. You may or may not have to go to court. If a hearing is scheduled, you will receive a notice. Otherwise, you will receive an order from the court granting your expungement. To find out more about expungements, visit our web page.