If I was never indicted on a felony charge is it still on my criminal record?
Full Question:
I had a felony charge and was indicted in Kentucky but the case was dismissed, with prejudice. How can I get this off my record?
11/05/2007 |
Category: Courts |
State: Kentucky |
#11679
Answer:
The following is a Kentucky statute:
431.076. Expungement of criminal records for those found not
guilty of crimes or for whom charges have been dismissed with
prejudice.
(1) A person who has been charged with a criminal offense
and who has been found not guilty of the offense, or against
whom charges have been dismissed with prejudice, and not in
exchange for a guilty plea to another offense, may make a
motion, in the District or Circuit Court in which the charges
were filed, to expunge all records including, but not limited
to, arrest records, fingerprints, photographs, index
references, or other data, whether in documentary or
electronic form, relating to the arrest, charge, or other
matters arising out of the arrest or charge.
(2) The expungement motion shall be filed no sooner than
sixty (60) days following the order of acquittal or dismissal
by the court.
(3) Following the filing of the motion, the court may set a
date for a hearing. If the court does so, it shall notify the
county or Commonwealth's attorney, as appropriate, of an
opportunity for a response to the expungement motion. In
addition, if the criminal charge relates to the abuse or
neglect of a child, the court shall also notify the Office of
General Counsel of the Cabinet for Health and Family Services
of an opportunity for a response to the expungement motion.
The counsel for the Cabinet for Health and Family Services
shall respond to the expungement motion, within twenty
(20) days of receipt of the notice, which period of time
shall not be extended by the court, if the Cabinet for Health
and Family Services has custody of records reflecting that
the person charged with the criminal offense has been
determined by the cabinet or by a court under KRS Chapter 620
to be a substantiated perpetrator of child abuse or neglect.
If the cabinet fails to respond to the expungement motion or
if the cabinet fails to prevail, the order of expungement
shall extend to the cabinet's records. If the cabinet
prevails, the order of expungement shall not extend to the
cabinet's records.
(4) If the court finds that there are no current charges or
proceedings pending relating to the matter for which the
expungement is sought, the court may grant the motion and
order the sealing of all records in the custody of the court
and any records in the custody of any other agency or
official, including law enforcement records. The court shall
order the sealing on a form provided by the Administrative
Office of the Courts. Every agency, with records relating to
the arrest, charge, or other matters arising out of the
arrest or charge, that is ordered to seal records, shall
certify to the court within sixty (60) days of the entry of
the expungement order, that the required sealing action has
been completed. All orders enforcing the expungement
procedure shall also be sealed.
(5) After the expungement, the proceedings in the matter
shall be deemed never to have occurred. The court and other
agencies shall reply to any inquiry that no record exists on
the matter. The person whose record is expunged shall not
have to disclose the fact of the record or any matter
relating thereto on an application for employment, credit, or
other type of application.
(6) Inspection of the expunged records may thereafter be
permitted by the court only upon a motion by the person who
is the subject of the records and only to those persons named
in the motion.
(7) This section shall be retroactive.