INTRODUCTION
Welcome to ExpungeKY.com.
As one website developer stated, “[for most websites the] average user spends less than a few seconds before deciding if they want to stay or leave.” This is not one of those websites. To get any benefit from this website you will have to work at it. So give it a try. If you bog down take a break and come back later.
To reiterate, as the “About” section in the menu states, this website is free, and perhaps more importantly, it does not steer you to any for-profit entity. Because the site is not trying to sell you anything, it can afford to be less slick and glitzy than the normal website. So, if at times your progress seems a little slow, boring or plodding, stick with it. Also as noted in the “About” section, it is designed for the non-lawyer only if he or she has a straight forward record. Maybe you don’t have a straight forward case.
WHO SHOULD USE THIS WEBSITE?
This website is not for everyone. Obviously attorneys can use it. In fact, one set of forms contains all forms and is designed to facilitate the paperwork for attorneys. These forms appear as the “All of the above forms in one coordinated set (click to download as a zip file)” choice in the forms menu.
If you plan to represent yourself you should probably do so only if your case is straightforward. A good way to tell if your case is straightforward is whether the KSP certification, which is discussed later, indicates that you are entitled to all the relief you desire. If you have questions hire a lawyer or find and attend a clinic. Don’t forget it is not an all or nothing situation. For example, if you have questions about a felony or felonies, you can still file your own petition to expunge misdemeanors or cases that ended without a conviction. If you have a question about one misdemeanor you can expunge another.
THE TWO APPS (Found on the two panels in the lower half of the homepage)
This site’s primary purpose is help laypeople who have a straight forward record and are not particularly knowledgeable about expungement law but who, for financial or other reasons, wish to expunge a conviction or a charge themselves. If you have a straightforward record, these two apps (programs) should be useful. If you record is not straight forward you should seek outside help. Hopefully even if your record is not straight forward, you should still find this site informative
In addition, the site’s menu is a repository of some basic materials associated with expungement in Kentucky, such as statutes and state prepared forms. The menu also has a Frequently Asked Questions (FAQ) section and a Contact button
If you are unfamiliar with exactly what an expungement accomplishes, open the Frequently Asked Questions (FAQ) page on the menu bar of this website (or by clicking here ) and open the very first question. In short, an expungement makes a record as if the conviction or charge never occurred.
In recent years Kentucky has enacted laws that allow the expungement of most class ‘D” felonies (penalty 1-5 years), virtually all misdemeanors (maximum penalty 12 months) and all cases that end without a conviction. Kentucky is a leader in this field. In most cases the issue is usually timing. For example, has enough time passed since the conviction?
Expunging a conviction or charge is one of the most impactful things a person can do. Among other things, a conviction, or even a charge, can prevent a person from getting a job or renting an apartment. For this reason, you should not hesitate to spend the $40 to get the Kentucky State Police certification that will be discussed later. It will give you a lot of information. If you don’t already have a KSP certification and want one click here and select “Steps to Obtain an Expungement Certification” to find out how to obtain one.
Probably, the best place to start is to open the app found in the lower left portion of the home page. It is entitled “Do You Qualify?” That program, using a guided process, asks you a few simple questions, and at the end you’ll have an idea whether a particular conviction or charge can be expunged. This app gives you information about expungement and guides you through the process.
If you would like to look at that program now, click here.
In addition, if you’d like a printed list of the requirements for each potential epungement situation:
Click here for felonies
Click here for misdemeanors
Click here for cases that ended without a conviction.
A second app, found in the right half of the homepage, is entitled “Create A Petition.” Again, using a guided format, this app will prompt you to answer a more detailed set of questions about yourself and your case. At the end it will prepare a petition suitable for filing with a court. If you would like to peek at this app, click here.
Do not let this set of questions discourage you. Before you may seek to expunge a conviction, you must obtain a certification from the Kentucky State Police. The good news is that this certification will spell out the details of your record and give you the information you will need to answer the questions in the app.
The bad news is that this certification may take 1-4 months to arrive will and costs $40. As mentioned earlier, if you don’t already have a KSP certification click here and select “Steps to Obtain an Expungement Certification” to find out how to obtain this certification. To see what a Kentucky State Police Certification looks like click Here to see a replica. If you would like see a completed petition based on this replica, click Here for a felony petition, click Here for a misdemeanor petition, and click Here for a petition for a charge that ended without a conviction.
Do not be surprised if one of the hardest parts of this process turns out to be organizing and understanding the details of your record as shown on the Kentucky State Police certification.
If you are lucky enough to want to expunge only charges that ended without a conviction, you won’t need this certification and there are no filing fees. However, you will still need the particulars of your case. You can obtain the details of your case either by going in person to the courthouse where the charge arose or by ordering a copy of your record, which costs $25 and arrives promptly. To order one, click here.
In addition to providing you with the details of your record, the Kentucky State Police certification will express an opinion whether each conviction or charge may be expunged. This opinion is not binding on a court. In other words, a certification may say a conviction cannot be expunged, but a judge after considering the issue can nonetheless expunge the conviction. Also the certification will state it is valid for only 30 days. While you should attempt to observe this limit and file your petitions within the required time, this time limit is not binding on a court.
As noted above, this site is for people who have a straightforward record. The KSP certification can give you a good clue whether your record is straightforward and hence suitable for a non-lawyer to use this website. If the KSP certification does not indicate you are entitled to all the relief you want or think you deserve, your record is not straightforward. In which case, you should seek outside help either from a lawyer or a clinic that various agencies host from time to time.
COSTS
How much does an expungement cost? As already noted, this website is free, and to expunge a conviction you need a certification from the Kentucky State Police which costs $40. You do not need a new certification for each case. A KSP certification can be copied and used in several cases. If your case ended without a conviction, the certification is not required.
In addition, when you file a petition to expunge a conviction there is a filing fee based on the most serious conviction to be expunged. A petition to expunge a misdemeanor conviction requires a $100 filing fee. To file a felony expungement there is an initial $50 filing fee, and if the expungement is granted, there is an additional $250 fee which can be paid over 18 months. If a case contains both a felony and a misdemeanor the $300 felony fee covers both. In a case that ended without a conviction, there is no filing fee.
If you do not have the money necessary for the expungement filing fee you may file a motion asking the court to waive these fees (in legal terms, to proceed In forma Pauperis). If you think you qualify the app can prepare this motion for you. You will file the motion with your petition for an expungement. If the motion is not granted you will be notified and given the opportunity to pay the fee.
CONCLUSION
Be Patient: Whether you do your expungement yourself or hire Perry Mason, the process will probably take 2-4 months to expunge a conviction. It will take a day or two to determine if you have a charge or conviction that is eligible for expungement and to order a certification from the Kentucky State Police. It could take 1-3 month for the certification to arrive. It could take another day or two to fill out the expungement petition and to file it with the Circuit Clerk. It could take a week to 2 months for a judge to rule on the petition and for the clerk to process the paperwork. A case that ended without a conviction does not require a certification from the Kentucky State Police so obviously the process moves more swiftly.
If you start the process and have difficulty or feel uncomfortable, contact an attorney or attend a clinic for outside help.
If you have any comments or suggestions, please email them to: ExpungeKY@gmail.com or use the contact form.