Legal Question in Criminal Law in Kentucky

Expunging a class A misdemeanor and out-of-state criminal background check?

Fours years ago I was convicted of a class A misdemeanor because I shoplifted a $7 item from a retail store. I was 18 at the time, plead guilty, and I've had no other criminal convictions before or since. I'd like to get the conviction expunged but I don't know how to go about it, and I've since moved to another state. How can I get the record expunged? Do I have to return to the state where the conviction took place?

Also, I am wondering if the charge would show up on my record in the new state that I live in if I ever applied for a job?

Any insight would be appreciated. Thank you for your consideration.


Asked on 10/05/08, 3:40 am

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

Re: Expunging a class A misdemeanor and out-of-state criminal background check?

There are several Kentucky laws which may apply to your situation:

KRS 510.300 Expungement of Criminal record.

KRS 431.078 Expungement of misdemeanor and violation conviction records.

KRS 431.076 Expungement of criminal records for those found not guilty of crimes

KRS 313.600 Request to expunge minor violations from permanent record --

KRS 311.275 Request to expunge minor violations from permanent record --

KRS 17.142 Segregation of criminal records.

You can review these statutes on the web at: http://www.lrc.ky.gov/Statrev/frontpg.htm

You should consult an attorney to find out which of these expungement laws best applies to your situation.

You are best advised to seek the services of a competent Kentucky attorney. You can get a referral to a criminal law specialist from the Kentucky Association of Criminal Defense Lawyers, at

[email protected] .

Additionally, you can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

[email protected]

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Answered on 10/05/08, 3:45 pm


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