Legal Question in Criminal Law in Kentucky

I was charged with two different counts of misdemeanor theft. I have done everything the judge has issued and no longer go to crossroads. All my fines and resitution is paid. My question: Is there any way possible to get my record cleared of these two misdemeanors soon? I am willing to do whatever I have to. I have been accepted into the nursing program at WKCTC (start this semester) and became certified as a nurses aid, but i cannot get a job with my record. This is very important to my future career and life. I have done my time, worked for my money to pay off everything, took the Theft by unlawful taking class, and I know the time over my head if i screw up. I have caused no other problems in the past and have learned my lesson from the few that have occured.


Asked on 12/30/09, 2:16 pm

1 Answer from Attorneys
Thomas McAdam Thomas A. McAdam, III, Attorney

Contrary to some popular belief, criminal arrest records and court conviction records are not automatically �sealed� after the passage of a period of time. Arrest records and criminal court records remain open to the public view, indefinitely. Kentucky does, however, have three expungement statutes which allow for the sealing of arrest and court records, under certain circumstances. For example:

KRS 431.078 allows a person to have certain convictions expunged:

What's eligible: All misdemeanors and Class D felony drug possession.

No other felony conviction can be expunged.

Limits: One case, involving any number of charges, every five years.

Exceptions: Sex offenses or crimes against children aren't eligible.

Filing form: Form AOC-496.

Filing fee: $25.

Requirements: Must wait five years after conviction, seven years if probation was applied to case; no other convictions within five-year period before expungement sought.

Judge's options: No discretion. Judge must grant expungement if applicant meets requirements.

Who's notified: Prosecutors and victims.

Case access: No access except to defendant by court order. Not subject to public records laws.

For a more detailed description of Kentucky�s expungement laws, read my article in the Examiner:

http://www.examiner.com/x-3747-Louisville-City-Hall-Examiner~y2009m2d19-Wiping-the-slate-clean

Good luck!

Thomas A. McAdam, III

Attorney at Law

234 South Fifth Street

Louisville, Kentucky 40202

(502) 584-7255

[email protected]

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Answered on 1/05/10, 10:15 am


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