Paul Gold proposed the new Expungement Law and testified in favor of the law before the General Assembly
What is an expungement?
An expungement is a legal process where the petitioner or attorney asks the court to seal court records and arrest information. People seek expungements for many reason, including to obtain employment or housing.
I’ve never heard of an expungement before. Are expungements legal?
Kentucky law allows for many misdemeanor offenses to be expunged after a certain amount of time. Any charge that was dismissed or for which a person was found not guilty may be expunged. You must apply for an expungement in the state in which you were charged or convicted.
Who may file for an expungement?
There are two types of expungements:
(1) A person who has been convicted of a misdemeanor or violation, or a series of misdemeanors or violations arising from a single incident,
(2) A person who has been charged with a criminal offense and who has been found not guilty of the offense, or against whom charges have been dismissed with prejudice, and not in exchange for a guilty plea for another offense.
Why file for an expungement?
Once an expungement is granted, all records relating to the arrest, charge or other matters linked to the case are sealed. People frequently seek an expungement for employment purposes or to erase their past.
Where does a person go to file a motion for an expungement?
All expungements related to District Court criminal and traffic cases are “processed” through the Office of Circuit Court Clerk’s Special Services Division. If a defendant is indicted, they must go through Circuit Court.
What is the expungement process for a criminal charge?
Paul Gold can handle all of these steps for you.
There are three phases in the process: Intake, Court, and After Court.
- Intake: To initiate the process, the petitioner must obtain and provide the following:
- Obtain a statewide criminal history background check through the AOC Pre-Trial Services (AOC-PT-49 form)
- Determine which record(s) one seeks to have expunged.
- Complete paperwork (petition, order, and re-docket forms) for each case that a person wants to petition the court to expunge.
- Provide a valid picture ID, if re-docketed by the defendant
- Pay in advance $100 per guilty charge. If the court denies any motion for expungements in which the fee was paid, it will be refunded to the mailing address that was provided at the time of the payment.
- Receive an assigned court date from Special Services before you leave the office.
- Court: Once a court date was been assigned and a disposition determined:
- Upon the filing of a petition, notice of the filing is sent to the Jefferson County Attorney’s Office, the Kentucky Cabinet for Health and Family Services, as well as any victims of a guilty conviction.
- Defendant information is updated as needed, i.e., address, phone number, etc.
- After Court: After an expungement has been granted:
- Review of Court order is performed to verify accuracy.
- Check of court records is conducted for any outstanding bench warrants/summons in the case.
- Certified copies of the expungement order is sent to the defendant, Louisville Metro Police Department, Louisville Metro Department of Corrections, Kentucky Cabinet for Health and Family Services, Kentucky State Police, and any other law enforcement agency that has information on the case.
- The case is then sealed. Please note the defendant should do a re-check in 4-6 weeks to ensure the expunged information was removed from the arresting agencies.
This information and more is available through the KY Justice website and the Legal Aid Network of Kentucky