PETITION FOR EXPUNGEMENT OF CRIMINAL RECORD

Commonwealth of Kentucky
Pursuant to KRS 431.073 and/or KRS 431.078

[// GUIDANCE: This template is drafted for use in Kentucky Circuit or District Court proceedings seeking the expungement (and consequent sealing) of criminal records under KRS Chapter 431.
Counsel should confirm the client’s specific eligibility (type of offense, class of conviction, sentence completion, waiting period, and absence of disqualifying factors) before filing. Adapt all bracketed placeholders and delete any inapplicable provisions. ]

I. DOCUMENT HEADER

Court & Caption
COMMONWEALTH OF KENTUCKY
[COUNTY] ☐ DISTRICT COURT ☐ CIRCUIT COURT
DIVISION: __
CASE NO. ______

PETITIONER: [PETITIONER FULL LEGAL NAME]
[Last four SSN: XXX-XX-_ • DOB: _//_ • SID#: _]
v.
RESPONDENT: COMMONWEALTH OF KENTUCKY
By and through the Office of the [County/Commonwealth] Attorney

RECITALS

A. Petitioner was charged in this Court under Case No. [CASE NUMBER] with the offense(s) of [OFFENSE DESCRIPTION], classified as a ☐ misdemeanor ☐ Class D felony, committed on or about [DATE OF OFFENSE].

B. Judgment of ☐ conviction ☐ acquittal ☐ dismissal with prejudice was entered on [DATE OF JUDGMENT/ORDER].

C. Petitioner has:
1. Fully completed all terms of sentence, probation, parole, and restitution;
2. Obtained a “Certificate of Eligibility” (the “Certificate”) dated [DATE], issued by the Kentucky State Police pursuant to KRS 431.079(3); and
3. Satisfied the statutory waiting period of ___ years from completion of sentence as required by ☐ KRS 431.073(2)(a) ☐ KRS 431.078(2) (the “Waiting Period”).

D. No criminal or civil proceedings are currently pending against Petitioner, and Petitioner has not been convicted of any other offense during the Waiting Period.

E. The interests of justice and public policy favor the expungement and sealing of the records described herein.

II. DEFINITIONS

1. “Certificate of Eligibility” means the official certificate issued by the Kentucky State Police in accordance with KRS 431.079, evidencing Petitioner’s prima facie statutory eligibility for expungement.
2. “Eligible Offense” means an offense listed in KRS 431.073(1)(a)–(n) or a misdemeanor eligible under KRS 431.078(1).
3. “Sealed Record” means any record ordered to be removed from public access, retained only for the limited law-enforcement purposes specified in KRS 431.073(5) and KRS 431.078(6).
4. “Relevant Agency” means any court clerk, detention facility, prosecutorial office, law-enforcement agency, or other governmental entity possessing a record subject to this Petition.

III. OPERATIVE PROVISIONS

1. Request for Relief
   Petitioner respectfully petitions this Court to:
   a. Expunge and seal all records, including but not limited to complaints, warrants, indictments, charging instruments, arrest records, court dockets, orders, judgments, and electronic data, relating to the Eligible Offense(s) identified above.
   b. Direct each Relevant Agency to comply with the Court’s expungement order within thirty (30) days of entry and thereafter refrain from disclosing the Sealed Record except as expressly authorized by statute.
   c. Restore Petitioner to all rights and privileges enjoyed prior to the arrest, charge, or conviction, including the right to deny the existence of the Sealed Record except as otherwise provided by law.

2. Scope of Order
   The expungement order shall apply to both physical and electronic records, including data maintained by the Administrative Office of the Courts (AOC), Kentucky State Police (KSP), Federal Bureau of Investigation (FBI), and any private or third-party repositories that are subject to the Court’s jurisdiction.

3. Hearing
   Pursuant to KRS 431.073(3) and KRS 431.078(3), Petitioner requests that a hearing be set not less than thirty (30) days after service of this Petition upon the Respondent, unless the Commonwealth Attorney files a timely written objection and the Court deems a hearing necessary.

4. Costs & Fees
   Petitioner has paid:
   • $40.00 for issuance of the Certificate (KRS 431.079(2)); and
   • $50.00 filing fee deposited with the Circuit Clerk (KRS 431.079(4)).
   Petitioner requests that no additional court costs be assessed.

IV. REPRESENTATIONS & WARRANTIES

1. Accuracy of Information. Petitioner represents, warrants, and verifies under penalty of perjury that all factual statements herein are true and correct.
2. Statutory Compliance. Petitioner represents full compliance with all prerequisites to expungement under KRS 431.073 or KRS 431.078, including but not limited to the Waiting Period, absence of disqualifying convictions, and receipt of the Certificate.
3. No Pending Charges. Petitioner affirms that no felony or misdemeanor charges are presently pending in any jurisdiction.

V. COVENANTS & RESTRICTIONS

1. Continuing Duty. Should Petitioner become aware of any misstatement or omission material to the Court’s determination, Petitioner covenants to promptly notify the Court and the Commonwealth Attorney.
2. Non-Commission of New Offenses. Petitioner acknowledges that the commission of a new offense prior to the entry of the expungement order may constitute grounds for denial.

VI. DEFAULT & REMEDIES

1. Vacatur on Fraud/Misrepresentation. If the Court later determines that the Petition contained material misrepresentation or fraud, the expungement order may be vacated sua sponte or on motion of the Commonwealth, and the Sealed Record may be reinstated.
2. Enforcement. The Court retains jurisdiction to enforce its expungement order and to compel compliance by any non-conforming Relevant Agency.

VII. RISK ALLOCATION

[Not applicable—no indemnification, liability caps, or insurance requirements pertain to this Petition.]

VIII. DISPUTE RESOLUTION

1. Governing Law. This Petition and any related proceedings shall be governed exclusively by the laws of the Commonwealth of Kentucky, including KRS 431.073 and KRS 431.078.
2. Forum Selection. Exclusive venue and jurisdiction lie in this Court pursuant to KRS 431.073(3) and KRS 431.078(3).
3. Injunctive Relief. Petitioner seeks record-sealing relief; no arbitration or jury trial is applicable.

IX. GENERAL PROVISIONS

1. Severability. If any provision of the expungement order is held invalid, the remaining provisions shall remain in full force to the greatest extent permitted by law.
2. Integration. The Court’s order shall constitute the entire directive regarding expungement; no oral statements shall modify the order.
3. Electronic Signatures. The Court may accept electronic signatures and electronically filed documents consistent with Kentucky Rules of Civil Procedure and local e-filing protocols.

X. EXECUTION BLOCK

A. Verification

I, [PETITIONER NAME], being first duly sworn, state that I have read the foregoing Petition and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

[PETITIONER NAME], Petitioner

Date: ________

B. Attorney Signature (if applicable)

Respectfully submitted,

[ATTORNEY NAME] (KBA #__)
[LAW FIRM NAME]
[Address] • [Phone] • [Email]
Counsel for Petitioner

C. Notary Acknowledgment

COMMONWEALTH OF KENTUCKY )
COUNTY OF ___ ) Subscribed and sworn before me by [PETITIONER NAME] on this ___ day of ____, 20__.

Notary Public, State-at-Large
My commission expires: __

D. Certificate of Service

I hereby certify that on this ___ day of ____, 20__, a true and correct copy of the foregoing Petition (with Certificate of Eligibility attached) was served via ☐ hand-delivery ☐ first-class mail ☐ electronic filing upon:

Office of the [County/Commonwealth] Attorney
[Address / Email]

[ATTORNEY OR PETITIONER SIGNATURE]

[// GUIDANCE:
1. Attach the original Certificate of Eligibility as “Exhibit A.”
2. For felony convictions, file in Circuit Court; for misdemeanors, file in the court where the conviction occurred (often District Court).
3. Confirm current filing fees with the clerk, as statutory amounts may adjust.
4. The Court may require a proposed order; attach as “Exhibit B” if local practice dictates.
5. Retain proof of service; the 30-day objection period runs from confirmed service on the Commonwealth Attorney. ]