The Division Expungements and Information Processing offers these services:
- Processes all expungements.
- Provides courtroom “recommenders”. A recommender reviews and inputs the recommendations of the county attorneys from the case file into the case management system.
Qualifications for Expungement
A case that has been dismissed or acquitted may be considered for Expungement no sooner than 60 days following the dismissal or acquittal of the case. This type of Expungement requires that a petition be filed on the AOC-497.2, the Petition for Expungement (For Acquittal, Dismissal with Prejudice, or Failure to Indict). There is no filing fee for this type of petition but as noted below, a certificate of eligibility is required before filing. A case that was a misdemeanor or violation conviction may be considered for Expungement no sooner than 5 years following the conviction. This type of Expungement requires that a petition be filed on AOC 496.2, Petition for Expungement (For Misdemeanor, Violation, Conviction, or Traffic Infraction Conviction). The Expungement fee is $100 per case and must be paid at the time of filing the Petition of Expungement.
NOTE: Effective July 15, 2016 pursuant to HB40 (2016), state law requires all Petitions for Expungement (of Misdemeanor, Violation, Conviction, or Traffic Infraction Conviction) or Petitions for Expungement (For Acquittal, Dismissal with Prejudice, or Failure to Indict) to include a certificate of eligibility.
Certification requests may be made through the Administrative Office of the Courts (AOC) by registering online, via U.S. Mail or in person at the Records Unit located at 1001 Vandalay Drive, Frankfort, KY 40601. There is a $40 fee for certification and the process may take up to 60 days. Please note that certification is not an Expungement. Payment for certification requests must be in the form of check or money order. Please make all checks payable to the Kentucky State Treasurer. If registering online, accepted forms of payment include American Express, Discover, MasterCard, and Visa credit/debit cards. Once individuals obtain and Expungement certification, a Petition for Expungement (For Misdemeanor, Violation, Conviction, or Traffic Infraction Conviction) or Petition for Expungement (For Acquittal, Dismissal with Prejudice, or Failure to Indict) may be filed with the Office of the Circuit Court Clerk in the county where the original charge was filed. The petition must be filed within 30 days of the certification.
For more information about the certification process, please visit the Kentucky Court of Justice website at http://courts.ky.gov/expungement.
Acceptable Forms of Payment for Expungements
Cash, certified checks, attorney checks, business checks, and money orders are accepted. American Express, Discover, Visa and MasterCard credit cards and most debit cards are also accepted (convenience fees do apply).