Question 1

What is an FAQ expungement?

Accepted Answer

Expungements clear a criminal background from the great majority of background searches, effectively “sealing” your record from public view. We use the word ‘sealing’ here because the federal government maintains any and all records related to public offenders.  Expungements, while discretionary, are typically provided if eligible, just not guaranteed.
Expungements are applicable to most class D felonies in Kentucky.
An exhaustive list of such felonies can be found here.

Question 2

Can officers or courts see my expunged crimes?

Accepted Answer

Previous convictions and associated arrests cannot be seen by law enforcement or courts and will not be considered in future arrests or court cases.

Question 3

Can I expunge more than one conviction from my record?

Accepted Answer

Yes! All eligible records can be expunged at the same time, and those that aren’t, may be expunged in the future when eligible.

Question 4

When am I eligible for expungement?

Accepted Answer

o   No criminal charges can be pending before you start the expungement process.
o   It must be 5 years from the completion of your sentence.
o   No misdemeanor or felony convictions 5 years prior to your petition for expungement.
o   Must be one of the eligible Class D felonies (or lower)
o   Your punishment must not be ‘enhanced.’
  Courts can, at their discretion, enhance the time punishable for crimes. 
This can happen for many reasons, including, but not limited to:
		- Contempt of court 
		- Lying under oath 
		- Disregard for life 
		- Committing multiple offenses simultaneously
		- Judge presiding over the case

Question 5

Does being eligible for an expungement automatically grant me one?

Accepted Answer

No, unfortunately ALL expungements are discretionary. Expungements, while discretionary, are typically provided if eligible, just not guaranteed. Eligibility only grants you access to make a request.

Question 6

Does an expungement cost money?

Accepted Answer

Yes. Filing fees amount to $300 per felony expungement plus legal fees if you use an attorney to assist with the process. There is an additional $40 fee required for an expungement certification. 
But, if you attend an expungement clinic like the one Fair Chance Works is hosting, you can likely have most of these costs waived. This is because the Judge's team from the Department of Corrections who will be running the clinic can pull the necessary background information regarding eligibility and lawyers from AppalRed will be onsite offering free legal services for those that are eligible. For eligible individuals, the expungement certification is the only thing that can't be covered by the team that will be present at the clinic although financial assistance may be available for this fee as well. 
Finally, advise is FREE!  So, even if you aren't eligible on the day of the event, you can still learn a lot about the process by asking questions and gathering more information.

Question 7

If I have charges that are eligible, will they be expunged at the clinic?

Accepted Answer

No. The entire process can take up to a year to complete. But if you attend a clinic like the one we are hosting at Work Forge and have charges that are eligible for expungement, those in attendance will assist you in every step along the way, often for free or at a minimal cost to you.

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