Criminal Issues Included

Waiting Period for Filing Petition

Person Convicted of Misdemeanor or Violation

1. A person who has been convicted of a single misdemeanor or a violation. KRS 431.078(1)
2. A person who has been convicted of a series of misdemeanors or violations arising from a single incident. KRS 431.078(1)

3. A series of misdemeanors, violations, or traffic infractions not arising from a single incident. KRS 431.078(1)

The later of 5 years after the completion of the person’s sentence or 5 years after the successful completion of the person’s probation. KRS 431.078(2)

Person Convicted of Felony

1. A person who has been convicted of an eligible felony. KRS 431.073(1)
2. A person who has been convicted of a series of eligible felonies arising from a single incident. KRS 431.073(1)

The later of 5 years after the completion of the person’s sentence or 5 years after the successful completion of the person’s probation. KRS 431.073(2)

Person Convicted of First Time Possession of Controlled Substances, Marijuana, Synthetic Drugs, or Salvia

 1. A person convicted for the first time of possession of controlled substances. KRS 218A.275(8)
2. A person convicted of possession of marijuana, synthetic drugs, or salvia. KRS 218A.276(8)

Immediately upon satisfactory completion of treatment, probation, or other sentence, the conviction may be voided, which has the same effect as expungement. KRS 218A.275(8) & KRS 218A.276(8)

Person NOT Convicted Because of Not Guilty Verdict or Dismissal of Charges with Prejudice

 1. A person who has been charged with a criminal offense and who has been found not guilty of the offense. KRS 431.076(1)
2. A person against whom charges have been dismissed with prejudice, and not in exchange for a guilty plea to another offense. KRS 431.076(1)

60 days following the order of acquittal or dismissal by the court. KRS 431.076(2)

Person NOT Convicted Because of No Criminal Prosecution

 1. A person who has been charged with a felony which did not result in an indictment by the grand jury. KRS 431.076(1)

1 year following the date of the District Court decision to hold the matter to the grand jury. KRS 431.076(2)

Person with Juvenile Court Records

 1. Juvenile misdemeanors or violations under KRS Chapter 635. KRS 610.330(1)
2. Juvenile Status Offenses under KRS Chapter 630. KRS 610.330(1)
3. Juvenile Mental Health issues under KRS Chapter 640. KRS 610.330(1)

2 years after the date of termination of the court’s jurisdiction over the person, or 2 years after the person’s unconditional release from commitment. KRS 610.330(1)