Information from the County Attorney's Office
By Steven J. Franzen, Campbell County Attorney
The County Attorney’s Office regularly gets calls from individuals and receives motions filed by attorneys concerning the expungement or removal of convictions from someone’s record. This article will explain what offenses may be eligible for expungement and the procedure to have an offense expunged.
Before proceeding, it should be noted that if your criminal case was dismissed or you were acquitted of the charge(s), the charge can be expunged 60 days after the dismissal or acquittal pursuant to KRS 431.076.
Felonies
Although many felonies convictions cannot be expunged, the opportunity for expungement may be available certain Class D felonies under KRS 431.073, passed earlier this year. The eligible Class D felonies include third-degree burglary, drug possession, prescription forgery, theft by unlawful taking, theft by deception, stealing credit card information among several others.
Alternatively, if the person charged completed a pretrial diversion program instead of pleading guilty, they may also be eligible for diversion. Completion of the program results in the charge being listed as "dismissed-diverted." This listing does not constitute a criminal conviction and the person charged is not required to list the disposition on most employment and licensing applications.
Misdemeanors & Violations (including traffic offenses)
Most misdemeanors and violations can be expunged except offenses involving sex or children. However, you cannot expunge a misdemeanor if you have had a felony or misdemeanor conviction since the misdemeanor conviction you seek to expunge. Further, if there is pending felony, misdemeanor, or violation charge against you, you cannot expunge a previous misdemeanor. A person can file for expungement 5 years after the completion of the sentence.
It should be noted that although traffic offenses stay on your accessible driving history record for 3 years, the traffic violation will stay on your criminal record until it is expunged. For some, like an applicant for a commercial driver’s license, a reckless driving charge that is still on your criminal record, no matter how long ago, may be detrimental.
Juvenile Offenses
Juvenile offenses may be expunged depending on which chapter of Kentucky Revised Statute the offense was adjudicated under. If the offense is similar to a theft, criminal mischief, or runaway and is prosecuted under chapters 630, 635, or 645, the offense may be expunged. However, expungement is not available for offenses adjudicated under chapter 620 or 640, such as murder, rape, and dependency, neglect and abuse cases.
The process of expunging a criminal charge can take a significant amount of time and effort because it involves several steps with the multiple government agencies. To initiate the process, the person seeking expungement must acquire a certification from the Kentucky State Police. The process to obtain the certification can be found at: https://kycourts.gov/Expungement/Pages/process.aspx. Once you have the certification, you must file the appropriate petition with the Court where the charge occurred. The Court will then review the petition and decide whether to grant or deny the expungement. If the expungement is granted, the Court and all other listed agencies will expunge any records related to the charge. I recommend that anyone seeking to expunge a criminal record seek an attorney to assist in determining your eligibility for expungement of a criminal charge and completing the expungement process for you.
I hope this information is interesting and helpful. If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.gov, by phone at (859) 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.