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| Clearance policy overview | Records relating to a first conviction for possession of marijuana, synthetic drugs, or salvia that was voided upon the petitioner's successful completion of the sentence will be sealed by the court. KRS § 218A.276(1), (8), (9). | A record relating to misdemeanors, violations, a single felony, or a series of felonies arising from a single incident can be expunged, so long as the petitioner is not subject to a disqualifying event and at least two years have passed. KRS § 610.330(1)-(2). | A record relating to dismissed charges, whether the court dismissed the petition or found the child to be not delinquent, will be expunged with the dismissal. KRS § 610.330(7). | Records relating to a single misdemeanor, violation, or traffic violation conviction, or series of such convictions arising from a single incident, will be expunged by the court five years after sentence completion if the petitioner meets the criteria specified in subsection (4). KRS § 431.078(1)(a), (2), (4). | Records relating to a series of misdemeanors, violations, or traffic infraction convictions not arising from a single incident can be expunged by the court five years after sentence completion if the petitioner meets the criteria specified in subsection (5). KRS § 431.078(1)(b), (2), (5). | Records relating to a single conviction of a specified Class D felony, or a series of such convictions arising from a single incident, can be expunged by the court five years after sentence completion. KRS § 431.073(1), (2). | Records relating to an offense for which the petitioner received a full pardon can be expunged by the court. KRS § 431.073(1). | Records relating to a prostitution offense or an offense that is not a violent crime can be expunged by the court no less than 60 days after final judgment if the person's participation in the offense was the direct result of being a human trafficking victim. KRS § 529.160. | Records relating to a first conviction for possession of certain controlled substances that was voided upon the petitioner's successful completion of the sentence will be sealed by the court. KRS § 218A.275(1), (8), (9). | 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). |
| Ineligible Category or Citation | Only offenses listed in section 218A.276(1) are eligible. | The petitioner is not eligible for expungement if there are any proceedings pending against petitioner, the offense sought to be expunged is a sex crime, or the offense would classify the person as a violent offender. KRS § 610.330(1)(c). | There is no statutory language regarding ineligible offenses. | See section 431.078(4)(a) and (d) for offenses ineligible for expungement. | See section 431.078(4)(a) and (d) for offenses ineligible for expungement. | Only Class D felonies listed in section 431.073(1) are eligible. | There is no statutory language regarding ineligible offenses. | Convictions for violent crimes as defined in section 17.165 are ineligible for expungement. KRS § 529.160(1) | Only offenses listed in section 218A.275 are eligible. | 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. |
| Clearance Process | Automatic | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Automatic | Automatic | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based |
| Waiting Periods | The court can seal the record upon the completion of the sentence. | The record can be expunged two years after the court's jurisdiction ends or two years after petitioner's unconditional release from commitment, unless the court waives the waiting period upon a finding of extraordinary circumstances. KRS § 610.330(3). | The expungement of the record is immediate upon dismissal. | The petition can be filed five years after sentence completion. | The petition can be filed five years after sentence completion. | The petition can be filed five years after sentence completion. | There is no statutory language regarding a waiting period. | The petition can be filed no sooner than 60 days following the date the final judgment was entered. KRS § 529.160(2). | The court can seal the record upon the completion of the sentence. | 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. |
| Fees | See section 218A.276(6) for language regarding payment for treatment. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | An expungement certification, which requires a processing fee, must be filed along with the petition. The filing fee for a petition under this section is $100, $50 of which is deposited into a trust and agency account for deputy clerks. KRS § 431.078(7). The fee may be waived if the petitioner qualifies as a 'poor person' under KSA. § 453.190(1). | An expungement certification, which requires a processing fee, must be filed along with the petition. The filing fee for a petition under this section is $100, $50 of which is deposited into a trust and agency account for deputy clerks. KRS § 431.078. The fee may be waived if the petitioner qualifies as a 'poor person' under KSA. § 453.190(1). | The filing fee for a petition under this section is $50, with an additional $250 due if the petition is granted. The $250 may be paid in installments. KRS § 431.073(10), (11). The fee may be waived if the petitioner qualifies as a 'poor person' under KSA. § 453.190(1). | The filing fee for a petition under this section is $50, with an additional $250 due if the petition is granted. The $250 may be paid in installments. KRS § 431.073(10), (11). The fee may be waived if the petitioner qualifies as a 'poor person' under KSA. § 453.190(1). | There is no statutory language regarding fees. | See section 218A.275(6) for language regarding payment for treatment. | 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. | |
| Effect | A voided conviction is not deemed a first offense under this chapter or for purposes of disqualifications or disabilities imposed by law. KRS § 218A.276(8). After sealing, the proceedings will not be used against the defendant. The court and other agencies will reply to any inquiry that no record exists. The defendant need not disclose the record on an application for employment, credit, or other type of application. KRS § 218A.276(10). | The court can expunge all records in the petitioner's case in the custody of the court and of any other agency or official, including law enforcement and public or private elementary and secondary school records. KRS § 610.330(5). Upon the entry of an order to expunge the records, the proceedings in the case will be deemed never to have occurred and all index references will be deleted. KRS § 610.330(6). The person whose record is expunged will not have to disclose the fact of the record or any matter relating to it on an application for employment, credit, or other type of application. KRS § 610.330(6). | The court can expunge all records in the petitioner's case in the custody of the court and of any other agency or official, including law enforcement and public or private elementary and secondary school records. KRS § 610.330(5). Upon the entry of an order to expunge the records, the proceedings in the case will be deemed never to have occurred and all index references will be deleted. KRS § 610.330(6). The person whose record is expunged will not have to disclose the record or any matter relating to it on an application for employment, credit, or other type of application. KRS § 610.330(6). | Proceedings regarding the case are deemed never to have occurred, and state-performed background checks will indicate that the records do not exist. The petitioner and the court can reply that no record exists. The petitioner need not disclose the record on an application for employment, credit, or other type of application. KRS § 431.078(6). | Proceedings regarding the case are deemed never to have occurred, and state-performed background checks will indicate that the records do not exist. The petitioner and the court can reply that no record exists. The petitioner need not disclose the record on an application for employment, credit, or other type of application. KRS § 431.078(6). | The proceedings are vacated and expunged, and do not appear on state-performed background checks. 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, and their ability to vote is restored. KRS § 431.073(6). | Proceedings are vacated and expunged and do not appear on state-performed background checks. 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, and their ability to vote is restored. KRS § 431.073(6). | 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). | A voided conviction is not deemed a first offense under this chapter or for the purposes of disqualifications or disabilities imposed by law. Each person is eligible for only one dismissal. KRS § 218A.275(8). After sealing, the proceedings will not be used against the defendant except to determine eligibility to have a conviction voided under this section. The court and other agencies will reply to any inquiry that no record exists. The defendant need not disclose the record on an application for employment, credit, or other type of application. KRS § 218A.275(10). | 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. |
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