Full question:
I had a felony charge and was indicted in Kentucky but the case was dismissed, with prejudice. How can I get this off my record?
- Category: Courts
- Date:
- State: Kentucky
Answer:
In Kentucky, if you have a felony charge that was dismissed with prejudice, you can seek to have it expunged from your record under KRS 431.076. Here’s how:
- A person whose charges have been dismissed with prejudice can file a motion for expungement in the District or Circuit Court where the charges were filed.
- The expungement motion must be filed at least sixty (60) days after the dismissal order.
- The court may schedule a hearing and will notify the appropriate attorneys involved, including the Commonwealth's attorney.
- If there are no current charges pending, the court may grant the motion and order the sealing of all related records, including those held by law enforcement.
- Once expunged, it will be as if the proceedings never occurred, and you won’t need to disclose the record on job applications or other inquiries.
- Inspection of the expunged records is only allowed if you file a motion to permit it.
After the expungement, all agencies involved must certify that they have sealed the records within sixty (60) days of the court's order.
This expungement process is retroactive, meaning it applies to cases that were dismissed prior to the law's enactment.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.