1. Know the Types of Expungements
- Misdemeanor Expungement: Generally, misdemeanors are eligible for expungement five years after the completion of the sentence, assuming there are no new charges.
- Felony Expungement: Certain Class D felonies can be expunged five years after completing the sentence. Check Kentucky’s list to confirm eligibility.
- Acquittal and Dismissal: If your charge was dismissed or you were acquitted, you may be eligible for immediate expungement.
2. Review Your Criminal Record
Obtain a copy of your criminal record. You can request this from the Administrative Office of the Courts in Kentucky. Ensure there are no discrepancies and determine which charges are eligible for expungement.
Gather Required Documents
3. Obtain Necessary Forms
The required forms can be obtained from the Kentucky Court of Justice website. For most cases, you'll need the AOC-496 form, which is the petition for expungement.
4. Collect Supporting Documentation
- Court records detailing the completion of your sentence or probation.
- Proof of any rehabilitation programs completed, if applicable.
- Any relevant documents showing good conduct since your conviction.
5. Background Check
You must submit a request for a Certificate of Eligibility from the Kentucky State Police to ensure that all your information is accurate and up to date.
Complete the Petition for Expungement
6. Fill Out the Forms
- Carefully complete the AOC-496 form using accurate information from your criminal record.
- Attach a copy of your Certificate of Eligibility once received from the Kentucky State Police.
7. Review Your Petition
Double-check all information for accuracy. Mistakes can delay the process or result in denial.
File Your Petition
8. Submit the Petition
File your completed petition with the Circuit Court Clerk in Fayette County (Lexington) where the original charges were filed. Be prepared to pay the associated filing fees, typically $100 for misdemeanors and $50 for Class D felonies at the time of submission.
9. Serve Notice to Relevant Parties
You may be required to serve a copy of your petition on the prosecutor’s office that handled your case. This step ensures that they have a chance to object if they deem it necessary.
Prepare for a Court Hearing
10. Court Date Notification
After submission, you’ll receive notice of a court hearing date, usually within 30 to 60 days.
11. Legal Representation
Consider hiring an attorney who specializes in expungement cases if you can afford one. They can offer valuable guidance and improve the chances of success.
12. Organize Your Case
Prepare a statement of why expungement should be granted:
- Highlight rehabilitation and community service.
- Emphasize stable employment or education since conviction.
- Show lack of re-offense or further legal issues.
13. Prepare Documentation for Hearing
Gather documents proving completion of sentencing and any other evidence supporting your character improvement.
Attend Your Court Hearing
14. Dress Appropriately and Be Punctual
Arrive early to find parking and locate the appropriate courtroom. Dress formally as a sign of respect to the court.
15. Present Your Case Clearly
During the hearing, answer questions concisely and honestly. Present evidence logically, highlighting any personal rehabilitation efforts.
16. Respond to Opposition
If the prosecutor objects, listen carefully and respond respectfully with additional evidence or statements supporting your eligibility for expungement.
17. Court’s Decision
The judge may decide immediately or take your case under advisement, notifying you of their decision later.
After the Hearing
18. Understand Potential Outcomes
If granted, all records should be expunged from public view, although some entities like law enforcement may retain certain information internally.
19. If Denied
Consider reapplying after addressing any issues raised by the judge, such as additional waiting periods or correcting record discrepancies.
20. Notification Process
Successful expungement should lead to notification from relevant law enforcement and court agencies that records have been expunged.
21. Verify Records Are Cleared
Request another copy of your criminal record after expungement to ensure that the records no longer appear.
22. Inform Employers If Necessary
Update any employers or educational institutions about changes in your background status if required or beneficial to do so.
23. Maintain Good Conduct
Continue following laws diligently to maintain a clean record and avoid future complications that could negate your expungement.
Taking each step with care increases your chances for successful expungement, allowing you to move forward without the burden of past charges affecting your future in Lexington, Kentucky.
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