For the first time in Kentucky, even if you have been convicted of multiple misdemeanor offenses, we can now expunge your convictions and charges! Almost all misdemeanor offenses committed before 2014 are now eligible for expungement! Remember: In order to expunge a conviction you must have no pending offenses, and you have not committed a misdemeanor or felony in the past 5 years. Finally, you completed your parole or probation at least 5 years ago!
Kentucky's courts may now expunge your misdemeanor record if you have no pending charges and the expungement petition is filed no sooner than (5) five years after the completion of the person's sentence or five (5) years after the successful completion of the person's probation, whichever occurs later. (KRS 431.078 (2)) In other words, we are eligible to petition the court to expunge your misdemeanor criminal conviction(s) if you have completed your sentence, including probation, more than (5) five years ago.
At your expungement hearing, the District Judge must make the following findings of law:
a. The offense was not a sex offense or an offense committed against a child;
b. The person had not in the five (5) years prior to the filing of the petition for expungement been convicted of a felony or misdemeanor (Author note: minor traffic violations committed with the past five (5) years such as speeding or improper parking will not bar you from petitioning the court to expunge your misdemeanor record);
c. No proceeding concerning a felony or misdemeanor is pending or being instituted against the person;
d. The offense is not one subject to enhancement for a second or subsequent offense of the time for such enhancement has expired;
KRS 431.078 (4)