Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	Records relating to a case that was dismissed after the successful completion of a deferred prosecution program for a first or second offense of possession of a controlled substance in the first degree charge will be sealed by the court. KRS § 218A.14151(1), (3).	Records of qualifying Class D and C felony cases are marked "dismissed-diverted" by the court immediately upon successful completion of pretrial diversion. KRS § 533.258.	Beginning July 15, 2020, records related to a criminal offense will be expunged by the court 30 days after the charges are dismissed with prejudice or a finding of not guilty. KRS § 431.076(1)(a).	Records related to a criminal offense can be expunged by the court 6 months after the charges filed in the district court do not result in an indictment by a grand jury. KRS § 431.076(1), (2).	Records relating to a sexual offense in which the spouse was the accuser are expunged by the court following a dismissal with prejudice or an acquittal. KRS § 510.300.	Records relating to a criminal offense that is dismissed without prejudice can be expunged by the court after 3 years for felony charges and 1 year for misdemeanor charges. KRS § 431.076(2)(c).	Records relating to a felony or misdemeanor arrest that resulted in dismissal, acquittal, or other non-conviction disposition can be expunged by the court. La. C.Cr.P. Art. 976.	A record relating to a delinquency filing that did not result in an adjudication will be expunged and sealed upon petition at any time. La. Child. Code Ann. Art. 918(A).	A record relating to a delinquency adjudication for sex-related offenses will be expunged and sealed at any time. La. Child. Code Ann. Art. 918(A).	A record relating to a delinquency matter that resulted in adjudication will be expunged and sealed upon petition, so long as the court exercising juvenile jurisdiction has ceased exercising jurisdiction and the person is not subject to a disqualifying event. La. Child. Code Ann. Art. 918(B).	Records and reports of a matter that resulted in a finding of Families in Need of Services or an adjudication for any charge other than murder, manslaughter, an offense requiring registration as a sex offender under R.S. 15:542, kidnapping, or armed robbery, shall be expunged and sealed only if the court exercising juvenile jurisdiction has ceased to exercise jurisdiction. La. Child. Code Ann. Art. 918(D).	An adjudication for prostitution or related offenses that resulted from being a victim of human trafficking can be set aside, and the related records may be expunged and sealed by the court immediately. La. Child. Code Ann. Art. 923.	Records relating to a misdemeanor conviction can be expunged by the court five years after sentence completion. La. C.Cr.P. Art. 977.	Records relating to a felony conviction can be expunged by the court 10 years after sentence completion, if the person has no subsequent convictions. La. C.Cr.P. Art. 978.	Records relating to a case for which the person is entitled to a first-offender pardon can be expunged by the court immediately. La. C.Cr.P.Art. 978(A)(3).	Records relating to a misdemeanor case dismissed following successful completion of deferred-sentence probation can be expunged by the court immediately. La. C.Cr.P. Art. 977(A)(2).	Records relating to a felony case dismissed following successful completion of deferred sentence probation may be expunged by the court immediately. La. C.Cr.P.Art. 978(A)(2).	Records relating to an arrest or conviction for which the person was judicially determined to be factually innocent, can be expunged by the court. La. C.Cr.P. Art. 976(A)(4).	A record relating to a delinquency matter that did not result in charges being filed can be expunged and sealed upon petition at any time. La. Child. Code Ann. Art. 918(A).	A record of a felony arrest where the original arrest resulted in a misdemeanor conviction can be expunged by the court. La. C.Cr.P. Art. 985.1.
Ineligible Category or Citation	Only first or second offenses under section 218A.1415 are eligible.	None. But see eligibility requirements for the pretrial diversion program at KRS § 533.250 and KRS § 533.251.	This section does not apply to minor traffic offenses.	There is no statutory language regarding ineligible offenses.	No statutory language regarding ineligible offenses.	There is no statutory language on ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	See La. Child. Code Ann. Art. 918(C) for ineligible offenses.	See La. Child. Code Ann. Art. 918(D) for ineligibility.	There is no statutory language on ineligible persons or offenses.	See section 977(C) for offenses ineligible for expungement.	See section 978(B) for offenses ineligible for expungement.	See section 978(B) for offenses ineligible for expungement.	See La. C.Cr.P. Art. 894 and La. R.S. 13:5304 for deferred adjudication eligibility criteria. See La. C.Cr.P. Art. 977(C) for offenses ineligible for expungement.	See La. C.Cr.P. Art. 894 and La. R.S. 13:5304 for deferred sentence eligibility criteria. See La. C.Cr.P. Art. 978(B) for offenses ineligible for expungement.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.
Clearance Process	Automatic	Automatic	Automatic	Petition-based	Automatic	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based
Waiting Periods	The record is sealed upon dismissal of the charge.	There is no statutory language regarding a waiting period.	The petition can be filed 60 days after charges are dismissed with prejudice or a finding of not guilty.	The petition can be filed 12 months after the charges filed in the district court do not result in an indictment by the grand jury.	The record is expunged upon the dismissal of the charges with prejudice or acquittal.	The petition can be filed three years after dismissal without prejudice.	There is no statutory language regarding a waiting period.	A motion can be filed at any time.	A motion can be filed at any time.	A motion can be filed at any time after the juvenile court has ceased exercising jurisdiction over the person.	A motion can be filed after five years have elapsed since the person satisfied the most recent judgment against them and the juvenile court has ceased exercising jurisdiction over them.	The motion may be filed at any time after adjudication.	The petition can be filed five years after sentence completion.	The petition may be filed 10 years after sentence completion.	There is no waiting period.	The petition can be filed upon case dismissal.	The petition can be filed upon case dismissal.	There is no statutory language regarding a waiting period.	A motion can be filed at any time.	There is no statutory language regarding a waiting period.
Fees	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.		There is no statutory language on fees.	Fees can be waived under the circumstances specified in La. C.Cr.P. Art. 983 (F). Otherwise, fees can be up to $550. La. C.Cr.P. Art. 983. A person may proceed in forma pauperis in accordance with the provisions for waiver of court costs for indigent parties in civil matters. La. C.Cr.P. Art. 983(L).	There are no fees. La. Child. Code Ann. Art. 924.	There are no fees. La. Child. Code Ann. Art. 924.	There are no fees. La. Child. Code Ann. Art. 924.	There are no fees. La. Child. Code Ann. Art. 924.	There are no fees allowed. La. Child. Code Ann. Art. 924.	Up to $550. La. C.Cr.P. Art. 983. An additional $50 is charged for petitions to expunge convictions of operating a vehicle while intoxicated. La. C.Cr.P. Art. 984. A person may proceed in forma pauperis in accordance with the provisions for waiver of court costs for indigent parties in civil matters. La. C.Cr.P. Art. 983(L).	General expungement fees may be up to $550. La. C.Cr.P. Art. 983. An additional $50 is charged for petitions to expunge convictions of operating a vehicle while intoxicated. La. C.Cr.P. Art. 984. A person may proceed in forma pauperis in accordance with the provisions for waiver of court costs for indigent parties in civil matters. La. C.Cr.P. Art. 983(L).	Up to $550. An additional $50 is charged for petitions to expunge convictions of operating a vehicle while intoxicated. A person may proceed in forma pauperis in accordance with the provisions for waiver of court costs for indigent parties in civil matters. La. C.Cr.P. Art. 983(H), 984.	Up to $550. La. C.Cr.P. Art. 983. An additional $50 is charged for petitions to expunge convictions of operating a vehicle while intoxicated. La. C.Cr.P. Art. 984. A person may proceed in forma pauperis in accordance with the provisions for waiver of court costs for indigent parties in civil matters. La. C.Cr.P. Art. 983(L).	Up to $550. An additional $50 is charged for petitions to expunge convictions of operating a vehicle while intoxicated. A person may proceed in forma pauperis in accordance with the provisions for waiver of court costs for indigent parties in civil matters. La. C.Cr.P. Art. 983(L), 984.	Fees can be waived under circumstances specified in La. C.Cr.P. Art. 983 (F). Otherwise, fees can be up to $550. La. C.Cr.P. Art. 983.	There are no fees to expunge the records. La. Child. Code Ann. Art. 924.	General expungement fees may be up to $550. La. C.Cr.P. Art. 983. A person may proceed in forma pauperis in accordance with the provisions for waiver of court costs for indigent parties in civil matters. La. C.Cr.P. Art. 983(I).
Effect	The offense is deemed never to have occurred, except for the purpose of determining eligibility for future deferred prosecution under this section or voiding the conviction under section 218A.275. The defendant need not disclose the record unless required to do so by state or federal law. KRS § 218A.14151(3).	The "dismissed-diverted" disposition does not constitute a criminal conviction, and the person need not list it on any application for employment, licensure, or otherwise unless required to do so by federal law. Pretrial diversion records shall not be introduced as evidence in any court in a civil, criminal, or other matter without the consent of the defendant. KRS § 533.258.	Proceedings regarding the charges are deemed never to have occurred, and official state-performed background checks will indicate that the records do not exist. The court and other agencies will reply to any inquiry that no record exists. The petitioner need not disclose the record on an application for employment, credit, or other type of application. KRS § 431.076(6). The court will order agencies to expunge the records. KRS § 431.076(4), (5).	Proceedings regarding the charges are deemed never to have occurred, and official state-performed background checks will indicate that the records do not exist. The court and other agencies will reply to any inquiry that no record exists. The petitioner need not disclose the record on an application for employment, credit, or other type of application. KRS § 431.076(6). The court will order agencies to expunge the records. KRS § 431.076(4), (5).	The person can deny having been arrested for the expunged offense. KRS § 510.300. The proceedings are deemed never to have occurred, state-performed background check indicate that the records do not exist, and court and other agencies reply to any inquiry that no record exists. The petitioner need not disclose the record on an application for employment, credit, or other type of application. KRS § 431.076(6).	Proceedings regarding the charges are deemed never to have occurred. Official state-performed background check indicates that the records do not exist. Court and other agencies reply to any inquiry that no record exists. The petitioner need not disclose the fact of the record on an application for employment, credit, or other type of application. KRS § 431.076(6). Court orders expungement of records from agencies. KRS § 431.076(4), (5).	The record is confidential and no longer public, but expungement does not limit the news media's use of the expunged record. It is made available only to persons and entities specified in La. C.Cr.P. Art. 973. The person is not required to disclose the arrest or expungement. La. C.Cr.P. Art. 972, 973.	All officials, agencies, institutions, boards, systems, and law enforcement offices, and their employees, agents, and consultants will expunge and seal all records and reports, in any form, and any other photographic, fingerprint, DNA, or any other information of any kind and all kinds or descriptions relating to the conduct or conditions referred to in the motion for expungement and sealing. La. Child. Code Ann. Art. 921(A)(1). Upon an order of expungement and sealing, the records and reports will be expunged and sealed and the underlying conduct and conditions are considered nonexistent and will not be made available to any person. No person whose juvenile records and reports have been expunged and sealed will be required to disclose to any person that they were arrested or adjudicated, or that the records and reports of arrest or adjudication have been expunged and sealed. La. Child. Code Ann. Art. 922. For further information on the effect of expungement, see La. Child. Code Ann. Art. 921, 922.	All officials, agencies, institutions, boards, systems, and law enforcement offices, and their employees, agents, and consultants will expunge and seal all records and reports, in any form, and any other photographic, fingerprint, DNA, or any other information of any kind and all kinds or descriptions relating to the conduct or conditions referred to in the motion for expungement and sealing. La. Child. Code Ann. Art. 921(A)(1). Upon an order of expungement and sealing, the records and reports will be expunged and sealed and the underlying conduct and conditions are considered nonexistent and will not be made available to any person. No person whose juvenile records and reports have been expunged and sealed will be required to disclose to any person that they were arrested or adjudicated, or that the records and reports of arrest or adjudication have been expunged and sealed. La. Child. Code Ann. Art. 922. For further information on the effect, see La. Child. Code Ann. Art. 921, 922.	All officials, agencies, institutions, boards, systems, and law enforcement offices, and their employees, agents, and consultants will expunge and seal all records and reports, in any form, and any other photographic, fingerprint, DNA, or any other information of any kind and all kinds or descriptions relating to the conduct or conditions referred to in the motion for expungement and sealing. La. Child. Code Ann. Art. 921(A)(1). Upon an order of expungement and sealing, the records and reports will be expunged and sealed and the underlying conduct and conditions are considered nonexistent and will not be made available to any person. No person whose juvenile records and reports have been expunged and sealed will be required to disclose to any person that they were arrested or adjudicated, or that the records and reports of arrest or adjudication have been expunged and sealed. La. Child. Code Ann. Art. 922. For further information on the effect of expungement, see La. Child. Code Ann. Art. 921, 922.	All officials, agencies, institutions, boards, systems, and law enforcement offices, and their employees, agents, and consultants, will expunge and seal all records and reports, in any form, and any other photographic, fingerprint, DNA, or any other information of any kind and all kinds or descriptions relating to the conduct or conditions referred to in the motion for expungement and sealing. La. Child. Code Ann. Art. 921(A)(1). Upon an order of expungement and sealing, the records and reports will be expunged and sealed and the underlying conduct and conditions are considered nonexistent and will not be made available to any person. No person whose juvenile records and reports have been expunged and sealed will be required to disclose to any person that they were arrested or adjudicated, or that the records and reports of arrest or adjudication have been expunged and sealed. La. Child. Code Ann. Art. 922. For further information on the effect, see La. Child. Code Ann. Art. 921, 922.	Upon an order of expungement and sealing, the records and reports shall be expunged and sealed and the underlying conduct and conditions are considered nonexistent and shall not be made available to any person. No person whose juvenile records and reports have been expunged and sealed shall be required to disclose to any person that he was arrested or adjudicated or that the records and reports of arrest or adjudication have been expunged and sealed. For further information on effect, see La. Child. Code Ann. Art. 921, 922.	The record is confidential and no longer public, but expungement does not limit the news media's use of the expunged record. It is made available only to persons and entities specified in La. C.Cr.P. Art. 973. The person is not required to disclose the arrest or expungement. La. C.Cr.P. Art. 972, 973.	The record is confidential and no longer public, but expungement does not limit the news media's use of the expunged record. It is made available only to persons and entities specified in La. C.Cr.P. Art. 973. The person is not required to disclose the arrest or expungement. La. C.Cr.P. Art. 972, 973.	The record is confidential and no longer public, but expungement does not limit news media's use of an expunged record. It is made available only to persons and entities specified in La. C.Cr.P. Art. 973 . The person is not required to disclose the arrest or expungement. La. C.Cr.P. Art. 972, 973.	The record is confidential and no longer public, but expungement does not limit the news media's use of the expunged record. It is made available only to persons and entities specified in La. C.Cr.P. Art. 973. The person is not required to disclose the arrest or expungement. La. C.Cr.P. Art. 972, 973.	The record is confidential and no longer public, but expungement does not limit news media's use of an expunged record. It is made available only to persons and entities specified in La. C.Cr.P. Art. 973. The person is not required to disclose the arrest or expungement. La. C.Cr.P. Art. 972, 973.	The record is confidential and no longer public, but expungement does not limit the news media's use of the expunged record. It is made available only to persons and entities specified in La. C.Cr.P. Art. 973. The person is not required to disclose the arrest or expungement. La. C.Cr.P. Art. 972, 973.	All officials, agencies, institutions, boards, systems, and law enforcement offices, and their employees, agents, and consultants will expunge and seal all records and reports, in any form, and any other photographic, fingerprint, DNA, or any other information of any kind and all kinds or descriptions relating to the conduct or conditions referred to in the motion for expungement and sealing. La. Child. Code Ann. Art. 921(A)(1). Upon an order of expungement and sealing, the records and reports will be expunged and sealed and the underlying conduct and conditions are considered nonexistent and will not be made available to any person. No person whose juvenile records and reports have been expunged and sealed will be required to disclose to any person that they were arrested or adjudicated, or that the records and reports of arrest or adjudication have been expunged and sealed. La. Child. Code Ann. Art. 922. For further information on the effect of expungement, see La. Child. Code Ann. Art. 921, 922.	The record is confidential and no longer public, but expungement does not limit the news media's use of the expunged record. It is made available only to persons and entities specified in La. C.Cr.P. Art. 973. The person is not required to disclose the arrest or expungement. La. C.Cr.P. Art. 972, 973.
Remedy	Seal	Seal	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge

The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.