Legal Question in Criminal Law in Kentucky

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]