Judicial Branch implements new expungement certification process

Posted on February 6, 2014 by Michael Stevens •

FRANKFORT, Ky., Feb. 5, 2014 – Beginning Jan. 1, 2014, state law requires every petition for expungement in Kentucky to include a certificate of eligibility for expungement. Under KRS 431.079, individuals who wish to have their criminal records expunged must complete the expungement certification process to determine if they are eligible for expungement. The certification provides judges and prosecutors with the most current and complete information available on a individual’s record.
KRS 431.079 is the enactment of Senate Bill 78, which was passed during the regular session of the 2013 General Assembly.
The Kentucky State Police are overseeing this process in conjunction with the Administrative Office of the Courts. Under the new law, both agencies must run criminal record reports on the person petitioning for the expungement. The KSP will then certify the eligibility of the expungement request.
Individuals can request certification through the AOC by registering online, by U.S. mail or in-person at the AOC Records Unit drive-thru window at 1001 Vandalay Drive in Frankfort. The certification costs $40 and the process takes up to 60 days.
Those who obtain an expungement certification may then file a petition for expungement with the Office of Circuit Court Clerk in the county where the original charge was filed. The petition must be filed before the certification expires in 30 days.
Under the new process, judges will receive an expungement certification packet along with each petition for expungement. The certification ensures that judges can take into account an individual’s most up-to-date and comprehensive record information when determining whether to grant an expungement.
Individuals can visit the Kentucky Court of Justice website at http://courts.ky.gov/expungement to learn more about the expungement certification process. The site provides a list of frequently asked questions and describes the steps to submit a request online, in-person or by U.S. mail. The benefits for those applying electronically include email notifications throughout the process, the ability to check on the status of the certification online and the ability to download the certification packet as soon as it becomes available.

Steps to Obtain an Expungement Certification
Online Requests
1. Register at the registration site. An email account is required and will be verified during registration.
2. Complete the online request form.
3. Submit $40 payment. (Accepted forms of payment: American Express, Discover, MasterCard and Visa credit cards and most debit cards.)
4. Check your email for notification when the certification packet is available online.
5. Log in to the registration site to download the certification packet.
6. File the certification documents and the proper expungement petition with the Office of Circuit Court Clerk in the county where the original charge was filed.
In-Person Requests
You may request an expungement certification in-person at the drive-thru window at:
Administrative Office of the Courts
1001 Vandalay Drive
Frankfort, KY 40601
Drive-thru hours are 8 a.m. – 4 p.m. Monday – Friday (except state holidays).
1. Request a paper copy of the Expungement Certification Request Form if you have not already completed the form online.
2. Complete the form.
3. Submit $40 payment. (Accepted forms of payment: American Express, Discover, MasterCard and Visa credit cards and most debit cards; check or money order made payable to Kentucky State Treasurer; cash payment in exact amount.)
4. You will receive your certification packet by U.S. mail at the address you provided.
5. File the certification documents and the proper expungement petition with the Office of Circuit Court Clerk in the county where the original charge was filed.
Mail-Service Requests
1. Download the Expungement Certification Request Form.
2. Complete the form.
3. Provide the $40 payment by check or money order made payable to Kentucky State Treasurer.
4. Mail the completed form and payment to:
Records Unit
Administrative Office of the Courts
1001 Vandalay Drive
Frankfort, KY 40601
5. You will receive your certification packet by U.S. mail at the address you provided.
6. File the certification documents and the proper expungement petition with the Office of Circuit Court Clerk in the county where the original charge was filed.

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