Press Release from AOC -
FRANKFORT, Ky. -- Beginning Jan. 1, 2014, state law requires every
petition for expungement in Kentucky to include a certificate of
eligibility for expungement. Under KRS 431.079, individuals who wish to
have their criminal records expunged must complete the expungement
certification process to determine if they are eligible for expungement.
The certification provides judges and prosecutors with the most current
and complete information available on a individual’s record.
KRS 431.079 is the enactment of Senate Bill 78, which was passed during the regular session of the 2013 General Assembly.
Kentucky State Police are overseeing this process in conjunction with
the Administrative Office of the Courts. Under the new law, both
agencies must run criminal record reports on the person petitioning for
the expungement. The KSP will then certify the eligibility of the
Individuals can request certification
through the AOC by registering online, by U.S. mail or in-person at the
AOC Records Unit drive-thru window at 1001 Vandalay Drive in Frankfort.
The certification costs $40 and the process takes up to 60 days. Those
who obtain an expungement certification may then file a petition for
expungement with the Office of Circuit Court Clerk in the county where
the original charge was filed. The petition must be filed before the
certification expires in 30 days.
Under the new process, judges
will receive an expungement certification packet along with each
petition for expungement. The certification ensures that judges can take
into account an individual’s most up-to-date and comprehensive record
information when determining whether to grant an expungement.
Individuals can visit the Kentucky Court of Justice website at http://courts.ky.gov/expungement
to learn more about the expungement certification process. The site
provides a list of frequently asked questions and describes the steps to
submit a request online, in-person or by U.S. mail. The benefits for
those applying electronically include email notifications throughout the
process, the ability to check on the status of the certification online
and the ability to download the certification packet as soon as it