There is a lot of misinformation about expungement in Kentucky. This overview is to assist you in determining whether you qualify for expungement. It is written by attorney Benham Sims, who testified as a former District Judge, State Prosecutor of the Year, and one of Kentucky leading expungement advocates before the House Judiciary Committee for passage of Kentucky's expungement law.
One in four adults in Kentucky have a criminal charge on their record. Over 96% of employers now run criminal background checks, if you have a criminal record-over 50% of the employers will not even grant you an interview if you have a criminal record. Studies now review, the average person with a criminal record makes 40% less than a twin brother or sister without a criminal history!
Many Kentuckian mistakenly believe that dismissed charges are erased from their record automatically, or that employers do not look at charges that occurred over five years ago. This is simply false. Your state criminal record will contain every charge on your record including dismissed charges, traffic charges, and all convictions, no matter how many years ago they were committed. Charges do not, and never have, fallen off your Criminal Record after 5 years. Minor traffic offenses, excluding DUI's, automatically were purged from the Transportation Cabinet records, but never from your criminal record. The only process for removal of criminal charges and convictions is filing a Petition in the sentencing court to expunge your record.
The Expungement law passed in Kentucky in 2016, permits for the first time 61 Class D felony offenses. The law also permits for the first time the right to expunge multiple eligible misdemeanor offenses, even for offenders who committed more than one offense in a 5-year period. For the first time, hundreds of thousands of Kentuckians are now eligible to expunge their record. The new expungement law, House Bill 40, permits tens of thousands of Kentuckians the opportunity to petition the court to expunge their criminal record, who were previously denied the right to expunge.
The process of expungement is quite simple with my office. I meet with clients in person or by phone and learn their story, as well as, review their cases. I am required by statute to order both your official Kentucky Administrative Office of the Court Criminal History and a Kentucky State Police Certificate of Eligibility. The state charges me $40.00 for these documents. I cannot review your criminal history on Courtnet without your: full name, date of birth, and social security number. Please go to my website HelpExpungeMe.com on your smart phone or computer and click on the "Start Now" button. Answer a few short questions and I will look up your criminal history, review it with you, and order the two state forms listed above.
After I receive your records, I will review them with you and prepare the appropriate notices, petitions, motions and orders for the courts. The state has up to 30 days to send me your records. Once I receive the records, I only have 30 days in which to file the petitions and pay the court fees. I will be able to review your records with you and file the appropriate Motions and Orders with the court. If you pled guilty to a misdemeanor, the court charges $100.00 to file for a misdemeanor expungement petition and order. If the charge is for a felony expungement, the court charges $500.00 for filing a felony expungement petition and order.
Generally speaking, my fees range from $250.00-$500.00 per misdemeanor expungement. My fees for felony expungement range from 1000.00 to $2500.00 for a felony expungement. The fees depend on the number, complexity, eligibility and time involved. Please call my receptionist Charlene Manley at (502) 589-6190 to schedule an appointment to meet with you. I do not charge for the initial expungement client interview